McDERMOTT, Circuit Judge.
On the evening of June 20, 1930, the body of David L. Wertheimer was discovered in the weeds back of an apartment house in Salt Lake City. He had been dead about 12 hours. There was a bullet wound in his chest, and a revolver which had been seen in his possession, with one shell discharged, was found near by. No one saw the killing, as far as the record shows, although neighbors heard some one talking loudly about dawn, and shortly thereafter...
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