Durborow

People v. Durborow

Good Law
130 Cal. App. 615·1933 Cal. App. LEXIS 1055·20 P.2d 708
Court of Appeal of CaliforniaMarch 28, 1933Docket No. 241.California1,383 words

Opinion

Lead Opinion

Marks, J.

Appellant was convicted of murdering James Basham and was sentenced to imprisonment for life. She has appealed from the judgment and from the order denying her motion for new trial. She urges the following grounds for a reversal of the judgment: (1) That the trial court erred in admitting evidence of defendant’s extrajudicial statements in the absence of proof of a corpus delicti; (2) that the evidence is insufficient to sustain the judgment; (3) that the trial court erred in its ruling upon certain objections to the admission of evidence at the trial; (4) that the district attorney was guilty of prejudicial misconduct during the course of the trial.

Appellant and James Basham were husband and wife on January 9, 1932, the date of his death. They had separated prior to that date and appellant was living in a small dwelling with William Gallagher Durborow and was known to some as Mrs. Gallagher, At about 1:30 o ’clock in the morning of January 9, 1932, Basham and a friend went to this house, where they found appellant and Durborow. The three men consumed a quantity of alcoholic liquor, each drinking about the same amount and from the same containers. Interspersed with their…

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