Botkin

Defendant was convicted of murder in the first degree, and thereupon made a motion for a new trial and also a motion in arrest of judgment. Both motions were by the court denied, and final judgment was pronounced that she suffer imprisonment for life in accordance with the verdict of the jury.

This is an appeal from the judgment and from the orders denying said motions.

Defendant was convicted for the killing of one Mary Elizabeth Dunning, otherwise known as Mrs. John P. Dunning. The manner in which the death of Mrs. Dunning was accomplished is fully set forth in the indictment, from which it appears that on or about the fourth day of August, 1898, defendant, at the city and county of San Francisco, state of California, prepared and sent through the United States mail certain poisoned candy to Mrs. Dunning, at Dover, in the county of Kent, in the state of Delaware, where it was by Mrs. Dunning received and eaten, and from the effects of which she, on the twelfth day of August, 1898, at Dover, in said county of Kent, state of Delaware, died.

Defendant was once before convicted under this indictment, but upon appeal the judgment was reversed because of an erroneous instruction.…