State v. Sprague

Respondent was indicted for murder and found guilty of manslaughter. Appeal was entered to denial of motion for a new trial, upon the ground that the evidence was insufficient to warrant the verdict. Exceptions were also taken to the admission and exclusion of certain testimony.

The appeal will be first considered. The case, as developed by the State, was to the following effect:

Thomas Giggey, thirty-eight years of age, robust and healthy in appearance, powerful of build, was on duty as a policeman in the Town of Fort Fairfield on the evening of August 8, 1936. The respondent, in a restaurant…