State v. Brubaker

Defendant stands charged and convicted of the crime of manslaughter. He appeals. Error is assigned to the denial of defendant’s motion to dismiss at the conclusion of the state’s case and to the admission of certain testimony.

Defendant and John Leake, the decedent, both about 16 years of age, were close friends and often stayed overnight together in their respective family homes.

On November 26,1961, John Leake was staying the night with the defendant. About 9 p.m., the boys retired to defendant’s bedroom where they were heard talking together. A short time later, the remaining members of the…