State v. Kysilka

The opinion of the court was delivered by

White, J.

The defendant was convicted of murder in the second degree. The evidence indicated that he com*713mifcfced the crime by shooting with a pistol one Steve Glaser in the basement of a hotel in lloboken, where deceased was employed as a waiter. The only other person in the room at the time was a little seven and a half year old Polish boy, Paul Bisan, who testified to seeing the defendant shoot Glaser. At the trial Bisan was asked to pick out in the court room the man who did the shooting, and after two trips around the room said lie was not present.'…