Saidi-Tabatabai

Charged with murder of her brother-in-law Mehdi, defendant was found guilty after an extended jury trial. The murder was found to be of the second degree. This appeal presents no issue concerning the sufficiency of the evidence. The record discloses convincing circumstantial proof that defendant shot Mehdi, late at night on November 14, 1966, after lying in wait at his apartment. Her defense was that a gun which she had been carrying in her purse accidentally discharged when she fell after having been slapped by Mehdi. The gun had been bought for three dollars at a “swap meet” as a present for her father. Defendant had been told by the seller that it would not work. She had never purchased any ammunition for it.

Additional facts will be set forth wherever necessary to explain defendant’s contentions on this appeal.

Defendant was arrested at her home in the early morning hours of November 15. As a result of a conversation with defendant, the police obtained the name of one Edward Bisen. Eisen was interviewed and gave extremely damaging testimony at the trial. Defendant’s conversation with the police, as such, was never offered in evidence.

On November 15 defendant was…