Kerrick

The defendants and appellants were charged by indictment with the crime of murder. They were tried jointly and verdicts of manslaughter were returned against each of them. Motions for a new trial were filed on behalf of Sarah Kerrick and also on behalf of Joe Hunt and Iris Burns and lastly on behalf of Henry Isabel and Anita Davis. Each of these motions was denied and the defendants prosecute their appeals from the orders mentioned and from the judgments upon the verdicts.

The attorney-general, with commendable sincerity, evidencing an appreciation on the part of that office that public officers charged with the administration of the law are or should be interested solely in promoting the cause of justice, closes his brief for the people with this language: “We have discussed all points raised by appellants; and that due to the errors which we believe to exist in the record we do not ask for an affirmance.”

With this confession of error before us it will be sufficient if we set forth only enough of the facts.to make clear the errors complained of and statements of the law applicable thereto to clarify the situation on retrial. On the evening of June 26, 1927, the deceased, Tom…