People v. Wagner

The indictment charged the defendant with the commission of the crime of murder in the first degree in that on November 29th, 1926, he “wilfully, feloniously and with malice aforethought, shot and killed Peter Basto with a revolver.” The defendant was tried, found guilty of the crime as charged, and sentenced to suffer the penalty of death. From the judgment of conviction entered upon the verdict of the jury the defendant now appeals.

The case for the prosecution was rested chiefly upon the testimony of one Lulu Saddlemire. Miss Saddlemire occupied a three-story house in the borough of…