Montana Supreme Court March 6, 1909, No. 2,590 (State v. Berberick)

MR. JUSTICE SMITH

delivered the opinion of the court.

The state of Montana accused the above-named defendant and one Frank Carpenter of the crime of murder. Separate trials were demanded, and this defendant was convicted of murder in the second degree. He appeals from the judgment of conviction and also from an order denying him a new trial.