People v. Clark
Opinion
lead Opinion
Nourse, J.
Defendant was convicted of murder in the second degree and appeals from the judgment and from the order denying her motion for a new trial.
The defendant and deceased had intermarried on the 25th of March, 1920, through the aid of a matrimonial correspondence bureau. They lived together in apparent harmony until August 14, 1920, when they went with friends to a public dance, returning to their home at about 1 A. M. They retired to their bed and at about 5 o ’clock of the morning of the 15th several shots were heard by a neighbor, accompanied by the voice of defendant crying, “Daddy, Daddy, what have you done?” The defendant went to the bedroom window and called her neighbor, Mrs. Brown, who immediately came to the apartment. She found defendant telephoning for a physician, and in going to the bedroom found deceased lying upon the bed and close by him, also lying on the bed, was an automatic pistol. The deceased did not recover consciousness .and died while being taken to the hospital. Subsequent examination disclosed that he had been shot four times, once in the head, once in the chest, once in the abdomen, and once in the left hand. Defendant stoutly maintained that deceased had…