house, a distance of about two miles. I don’t know what time it was when I got home, but I believe it was about 2:30 o’clock p. m. I will also add that, after I finished the shooting in the cow shed, I threw about three or four empty shells from the cow shed into the hay loft. through an opened door. This is the whole truth.
“Witness : George D. McDowell.
“Sworn and subscribed to before me this 13th day of May, 1920.”
After having made and signed the above confession, the defendant signed the following written request, a copy of which is as follows:
“State of North Dakota, County of McLean—-ss.:
“I, Henry Layer, having confessed to the killing of the Jacob Wolff family and Jacob Hofer, do hereby request that I may be taken before the district court at the earliest possible date in order that I may enter my plea of guilty before the court and receive my sentence.
Thereafter, on the 13th day of May, 1920, he was taken before W. L. Nuessle, judge of the Fourth judicial district, in the courthouse in the city of Washburn, McLean county. There was also present John E. Williams, state’s attorney for McLean county, who appeared in behalf of the state, who, with consent of the court, then and there filed the written confession of guilt, and thereafter the information in writing, which charged the defendant with the crime of murder in the first degree, by effecting the death of Jacob Wolff in the manner and by the means set forth in the information. No question is raised as to the form and sufficiency of the information. The defendant in open court pleaded guilty to the charge contained in the information, as follows:
“State of North Dakota, County of McLean. State of North Dakota, Plaintiff, v. Henry Layer, Defendant. In the District Court, Fourth Judicial District. Written Admission of Guilt.
“I, Henry Layer, the defendant in the above-entitled action, having heard read the information in the above-entitled action, and knowing the contents thereof, do hereby admit that I am guilty of the crime of murder in the first degree as herein set forth. I further state that this
