People v. Endner

SHINN, J.

Defendant, accused of the murder of his mother, Martha Ella Endner, was convicted in a trial by the court, the crime was found to be murder of the second degree, and defendant was sentenced to state prison. After the denial of his motion for a new trial, he appealed from the order and from the judgment. His sole contention on the appeal is that the evidence failed to show that Mrs. Endner’s death was the result of a criminal agency.

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Defendant and his mother had lived together for some 25 years; he had cared for his mother and, with some help from a brother and a sister, had supported her. During this interval defendant married and for a number of years his wife lived with them, but at the time of the mother’s death and for some time prior thereto no one else was living in the house. Mrs. Endner was 83 years of age, partially deaf and blind, feeble in health, had much difficulty getting around with the aid of a cane, and weighed about 120 pounds. Defendant was steadily employed by a creamery company. The two lived in a small house adjoining the home of Mr. and Mrs. Whitaker to the west and that of Mr. and Mrs. McChesney to the east.

On the evening of May 4, 1945, defendant returned home from work, prepared dinner, and left the house, returning about 2:30 a. m. in a state of intoxication. At about that time the Whitakers and the McChesneys were aroused by the loud screaming of Mrs. Endner and the cursing of defendant. The testimony of these four persons, who were witnesses for the prosecution, was, in brief, as follows: Mrs. Whitaker arose from bed, put on a gown and slippers and went to her kitchen, the east window of which was some 17 or 18 feet from the window of Mrs. Endner’s bedroom. The Whitaker kitchen remained unlighted; Mrs. Endner’s room was lighted and the shades were up. Mrs. Whitaker stood in the kitchen and saw defendant striking his mother and then passed from her kitchen into the yard, slamming the door in the hope that it would cause defendant to desist. She stood at the side of her house some 3 feet from the Endners’ window and called to defendant to cease striking his mother but he paid no attention to her. She returned to the kitchen, as her husband arrived, and the two watched the Endners for another 10 minutes. Mrs. Whitaker became ill and retired but Mr. Whitaker remained in the kitchen for approximately an hour, and until the police came. Mrs. Whitaker saw defendant strike his mother on the chest and knock her to the floor, pick her up and throw her heavily on the bed. She saw defendant strike his mother many times, holding a towel wadded up to about 8 inches in sÍ2¡e. The blows were administered both before and after Mrs. Endner was thrown onto the bed. Defendant was cursing his mother loudly and she was crying for help. Defendant was “cursing and asking her if she was never going to die; was she going to live forever,