Frost

People v. Frost

Good Law
1918 Cal. App. LEXIS 291·37 Cal. App. 120·174 P. 106
Court of Appeal of CaliforniaMay 1, 1918Crim. No. 426.California1,909 words

Opinion

Lead Opinion

Burnett, J.

Defendant was convicted of murder in the second degree and she appeals from the judgment and order denying her motion for a new trial. It is admitted that she killed the deceased with a butcher-knife, but it was and is the contention of defendant that his death was the result of an accident. Her account of it is as follows:

But the jury was justified in utterly rejecting her explanation of the gruesome affair. Indeed, one cannot read the entire record carefully and dispassionately without having an abiding conviction that her infliction of the wound was the result of a deliberately formed intention to take the life of the deceased, and that her contention as to it being an accident was an afterthought, a simulated defense, improbable, not worthy of credence, and justly repudiated by the jury.

We shall not set out the evidence at length. It is sufficient to say that it was shown that she had made threats to kill the deceased; that they were heard talking in a loud tone of voice for some time before the billing; that her conduct after the discovery by others of the crime was that of a guilty person ; that she did not immediately declare that it was an accident; on the contrary,…

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