State v. Dyer

That defendant shot one E. O. Kirk and inflicted a wound from which he almost immediately died is practically admitted. Defendant relied largely upon the defense' of self-defense. This defense was submitted to the jury, but without avail. For a reversal many propositions are relied upon, which we shall consider in the order presented by the briefs.

i. Murder in the first degree: indictment: sufficiency. It is first insisted that the trial court was in error in submitting the crime of murder in the first degree, for the reason that the indictment does not charge 7 _ . . 7 m that degree ox…