On an information charging him with the crime of murder Thomas Sullivan was tried, convicted, and sentenced to imprisonment in the penitentiary for a period of eleven years. Of the errors assigned the sufficiency of the evidence to sustain the verdict is the only one properly before us for consideration. The action of the court in giving and refusing certain instructions is called in question and discussed by counsel at considerable length, but the point was not raised in the motion for a new trial and cannot be successfully urged for the first time in this court. The substance of the accusation against the defendant is that, with premeditation and malice, he shot and killed one Thomas Kirkland. On the trial the truth of the charge was shown by the prisoner’s voluntary confessions made to police officers on the night of the tragedy.
In this case the elements of the corpus delicti are, first, the death of Thomas Kirkland; and second, the criminal agency of some one, not necessarily the defendant, in causing such death. (People v. Palmer, 109 N. Y. 113; Carlton v. People, 150 Ill. 181; State v. Jones, 106 Mo. 302; People v. Simonsen, 107 Cal. 345; Johnson v. Commonwealth, 29 Gratt. [Va.] 796.) The uniform doctrine of the American courts is that a conviction for felony will not be sus
Affirmed.