State v. Garner

Milleb, Judge:

Upon an indictment charging bim witb tbe murder of Mont Dunbam, on tbe - day of July, 1923, defendant was found guilty of murder in tbe second degree, and tbe judgment complained of was tbat be be confined in tbe state penitentiary for tbe period of twelve years.

Tbe material evidence adduced on tbe trial is substantially without conflict. It discloses that the homicide occurred on a Sunday about noon. Defendant and deceased were near neighbors, living in the country, the deceased as a tenant on part of defendant’s farm. They had been on friendly terms, except as herein after…