This section contains the nature of the case and procedural background.

On December 10, 1953, Irene was found strangled with a scarf around her neck. Criminal assault was suspected. Plaintiff read the account of in the newspaper. P had been criminally assaulted about two weeks before, and her assailant had not been captured. P was struck by the similarities in the events and contacted the police the next day and gave information that placed Malm under suspicion. P identified Malm as her assailant. Malm confessed on December 13th. On December 14th, the governor published an offer of reward in Irene’s case; to the person or persons who shall give information leading to the arrest and conviction of the guilty person. On December 15th, Malm confessed to Irene’s murder. Prior to the offer, P had furnished all her information to the authorities. The trial court held that P had failed to comply with the terms of the offer of reward. This appeal resulted.

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