Bennett

The defendant was informed against in the superior court in and for the county of Butte for the crime of murder in that he killed and murdered one Carl Bruce. The jury found him guilty of murder of the second degree. A motion for a new trial by him having been made, the same was denied by the court. He appeals from the judgment and the order denying him a new trial.

The points made for a reversal, generally stating them, are: 1. That the court erred in that it wrongfully restricted the defendant in his examination of the jurors upon their voir dire; 2. That error was committed in numerous instances upon the question of the admissibility of certain testimony; 3. That the court and the district attorney were guilty of misconduct which materially prejudiced defendant’s case before the jury; 4. That the court erroneously instructed the jury with respect to the penalty prescribed by law for murder of the second degree, at the request of the jurors themselves, after the case had been submitted to them and they had retired for deliberation thereon.

It is conceived to be conducive to clarity in the consideration of the points first to state in a general way the facts of the ease and…