Nebraska Supreme Court April 10, 1908, No. 15,487 (Maynard v. State)

Reese, J.

An information was filed in the district court for Box Butte county, charging plaintiff in error (hereinafter referred to as plaintiff) with the crime of murder in the first degree committed on the 29th day of January, 1907, by shooting Leroy W. Barnes. There is not much conflict in the testimony of the witnesses as to the material facts surrounding the tragedy.