Will

The defendants were jointly charged with the crime of murder and were jointly tried. Will and Worth were convicted of murder of the first degree and Andrews of manslaughter. Will and Worth have appealed from the judgments and the orders denying their motions for new trials. Andrews did not appeal.

March 11, 1924, Will received a deed to the west half of the southeast quarter and the east half of the southwest quarter of a certain section of land, the first parcel being patented land and the other unpatented. He thereafter resided in a house on the east eighty near the west boundary line thereof. In the year 1922 W. C. King located a mining claim which was partly at least on the west eighty, but a part of which Will contended, after the execution of said deed, was on the east eighty. In April, 1923, King relocated the mining claim with the same boundaries as the original location, and built a cabin on it a short distance west of the boundary line between the two eighties, in which he and his wife thereafter resided until September 8, 1924. King and his wife then departed from the premises, leaving Thomas W. Carl in possession thereof under an oral agreement to purchase the…