Seiffert

The appellant was jointly charged with one Charles Bf. Marsh with murder. Marsh was granted a separate trial. The jury returned a verdict of guilty of murder in the second degree against this appellant. After denial of his motion for a new trial judgment was pronounced and it is from that judgment and the order denying his motion for a new trial that he appeals.

The facts necessary for the disposition of this appeal are briefly as follows: On February 25, 1926, the deceased, Louise Giovanazzi, being then pregnant, went to the home of her sister, Mrs. de Pietri, where she remained until she was taken to the hospital a few hours before her death on March 4, 1926. On February 25th, 27th, 28th, and March 1st and 2d, the deceased visited the offices of the defendants for the purpose, as she said, of having a curettement. She was accompanied by her sister, Mrs. de Pietri, in Mrs. de Pietri’s automobile. The latter remained in the reception-room while the deceased was in the private room with the doctor. During the last visit and while in the private room the deceased appeared to suffer great agony; she called her sister in, who found her “sweating just like you would take a cloth and…