State v. Millspaugh

UHLENHOPP, Justice.

In this appeal defendant Michael William Millspaugh assigns several errors he says the trial court committed in the trial of a charge resulting in defendant’s conviction of first-degree murder of J. Raymond Traut.

Traut operated a gasoline station where defendant occasionally stopped. The day before Traut’s death, defendant stopped at the station on his way to a gun shop in a nearby town; defendant was a hunter. The State claims defendant made this stop to “case” the station.

The next evening defendant cashed his check after work and played poker at the V.F.W. club. He bought…