Jones

Defendant was convicted of the murder of a 3-year-old boy. The degree was fixed at second degree. She was sentenced to state prison. She appeals from the judgment and from the order denying her motion for a new trial.

In general substance, the facts shown by the record before us are as follows: Deceased was a boy of 3 years of age, named Keith Allen Stone. He was in generally good health except for a vitamin deficiency, and weighed about 35 pounds. Por more than a year prior to November 10, 1959, he and his 4-year-old brother, Billy, lived in the home and under the care of defendant, Eula Agnes Jones. They had been placed in this home by their mother. Defendant had six other children of her own, some of whom were small and lived at home. During the year relatives and neighbors saw numerous bruises on the faces, feet, legs and bodies of the two boys. Responding to an inquiry from the great-grandmother, defendant stated, “They do it playing. ...” However, in October defendant told Keith’s grandmother that she had had to whip Keith repeatedly, saying, “Well, I believe in giving them a whipping and making it stick. I don’t believe in all this child psychology stuff.” On November 10,…