People v. Schmitt

Haynes, C.

Appellant was charged with the murder of Mrs. Charlotte Gardemeyer, alleged to have been committed November 17, 1893, and was found guilty by the jury of murder in the first degree, with the penalty of imprisonment for life.

The fact that defendant committed the homicide was not controverted, the defense being that he was insane; and this appeal is from the judgment and from an order denying a new trial.

*50The motion for a new trial is based upon alleged errors in the admission and exclusion of evidence, and upon instructions given and refused, and upon a statement of law made to the…