State v. Hardisty

The opinion of the court was delivered by

Hopkins, J.:

The defendant was convicted of murder in the first degree and appeals.

The tragedy was the result of a controversy over the grading of a road. The facts were, substantially, as follows: The defendant was the owner of a large farm in Osage county lying on either side of a county highway known as the Overbrook-Richland road. His home was located on the west side of the highway and a tenant house on the east side. He had constructed several driveways from this county highway into his premises — one from the highway just south of his home around…