People v. Rogers

Robert Burdette Rogers appeals from a judgment of conviction of murder in the second degree. The victim was his wife, Birdie Rogers.

Defendant and his wife and their three children resided in Los Angeles County. Mrs. Rogers’ mother, Blondie Devericks, resided in Marin County, and as she was returning to her home from a visit with her daughter’s family she was injured in an automobile accident and hospitalized. Mrs. Rogers immediately left to be near her mother. During Mrs. Rogers’ absence of approximately three weeks she resided in her mother’s home, which was otherwise unoccupied. After her return to her Los Angeles home her behavior caused the defendant to suspect that his wife had been consorting with another man or other men during her absence. She had on previous occasions admitted to the defendant that she had been unfaithful to her marriage vows with a number of different men and as a result thereof they had considered a dissolution of their marriage. But their problems evidently had been solved and an understanding had been reached which had been in effect for some time prior to Mrs. Rogers’ aforesaid sojourn in Marin County.

*303 Shortly after Mrs. Rogers’ return home…