State v. Dittrich

Defendant was charged with committing murder in the first degree in that he killed John R. Wisotzkey during the perpetration of a robbery. He has appealed his conviction and assigns as error the reception of evidence of a prior conviction of defendant; the admission of two photographs of the body of the deceased; the refusal of the court to give defendant’s requested instruction No. 9; and insufficiency of the evidence to support a charge of murder while perpetrating a robbery. We affirm the judgment of the District Court.

The evidence indicates that in the early morning hours of February 17,…