People v. Spranger

Mr. Justice; Dunn

delivered the opinion of the court:

In a street brawl about one o’clock in the morning of Sunday, September 23, 1923, Ernest Lundgren was killed by Herman Spranger. The latter and his brother, Theodore, were indicted for murder, and upon a trial Herman was found guilty of murder and Theodore of manslaughter. They were sentenced to imprisonment, Herman for fifteen years and Theodore until discharged according to law, and they have sued out a writ of error.

Lundgren and the Sprangers were strangers. A few minutes before midnight on Saturday night, Lundgren, who was a deputy clerk…