Nebraska Supreme Court September 29, 1925, No. 24437 (Egbert v. State)

Day, J.

This is the second appearance of this case in this court. Upon the first trial Charles L. Egbert, the defendant, was convicted of murder in the second degree and sentenced to serve a term of fifteen years in the penitentiary. That judgment was reversed by this court because of an erroneous instruction and the case was remanded for further proceedings. Egbert v. State, 112 Neb. 129.