State v. McClendon

Convicted of murder in the second degree, defendant appeals from the order denying his motion for a new trial.

There is much evidence that defendant was one of a gang of box-car thieves operating in the Twin Cities in the spring of 1922. On the evening of May 19 of that year one Lindberg, who was a watchman in the Soo Line freight yards at Cardigan Junction, just north of St. Paul and in Eamsey county, was.shot and instantly killed. Several bullets entered his body, fired from a 9 mm. Luger automatic pistol. There is no question of sufficiency of proof of guilt. Six young men are said to have…