State v. Marsh

Stacy, C. J.,

after stating the facts as above: The defendant states in bis confession that, with axe in hand, he pursued Allen Phillips over the snow-covered pasture, across a barbed-wire fence, overtook him in the road leading to the barn, struck him a lethal blow on the head with the axe, felled and silenced him, robbed him and left him for dead. These facts alone, if true, and the jury has accepted them as such, render the legal questions debated on brief, assuming the defendant’s sanity, somewhat pedantic or academic. He certainly was not fighting in his own self-protection when his…