State v. Ferrari

Upon consideration of appellant’s motion for rehearing, the original opinion is withdrawn and the following substituted therefor.

OPINION

COMPTON, Justice.

Defendant was convicted of first degree murder and from the judgment imposing sentence, he appeals. The basis for the appeal is that the court committed prejudicial error in admitting evidence obtained by eavesdropping, in admitting evidence based upon an illegal search warrant, in admitting post-arrest statements, and, further, the lack of substantial evidence of a deliberate intent to kill.

The appellant Ferrari, the deceased Joseph Swain,…