Spess v. State

Plaintiff in error, James Spess, was convicted of murder, and sentenced to life imprisonment. The material facts are that plaintiff in error and two others robbed a bank at Terlton, and in resisting arrest plaintiff in error shot and killed Robert Moore, the deputy sheriff. When the case was called for trial in the district court, plaintiff in error filed a motion and affidavit asking for a continuance on the ground that he had not been served with either a copy of the information or a list of the witnesses, with their post office addresses, which the state expected to use as its witnesses in…