McCartney

Defendant was convicted in a jury trial of murdering her son-in-law. The offense was fixed as murder in the second degree. The jury found that defendant was sane at the time of the commission of the crime. Motions for a new trial and to reduce the verdict to manslaughter were denied. She appeals from the judgment of conviction and from an order denying her motion for a new trial.

The following is a summary of the evidence presented: On October 23, 1961, the deceased, Marion Robert Bell (hereinafter referred to as Bell), who was estranged from his wife Billie Bell, went to the home of defendant, his mother-in-law, seeking the return of their infant son. Earlier the same day, Mrs. Bell had taken the baby from a sitter in whose care Bell had left the child and brought him to defendant’s home. When Bell arrived at defendant’s house his wife was not there, and defendant urged him to wait until her return before taking the baby. When Mrs. Bell returned, she and Bell began to argue over who should have custody of the child. The baby was at the time lying on a sofa in the living room. John McCartney, defendant’s flaneé (now her husband), was sitting on the same sofa. Nancy, defendant’s…