People v. King

FILES, P. J.

Defendant was charged with the murder of his wife on May 29, 1964. At the first trial a jury found him guilty of murder in the second degree, but the judgment was reversed for failure of the trial court to instruct on manslaughter. (2 Cr. 10724, unpublished, July 14, 1966.) Thereafter a jury was waived and the ease was retried to the court, which at the close of the evidence found defendant guilty of murder, second degree. Later, when defendant moved for a new trial, the court denied the motion but reduced the offense to voluntary manslaughter. This is defendant’s appeal from the judgment.

During the evening of May 28, 1964, defendant was at his work as the operator of the Red Shanty Bar. His wife, Wanda King, was there drinking between 5 p.m. and 1:30 a.m. on the 29th. She was heard to shout profanity at her husband, and she once hit him with her fist. About 1:30 she left. Witness Jones assisted defendant to close the bar and count his receipts. Between 2:30 and 3 a.m. Jones escorted defendant to the latter’s home, which was “right behind” the Red Shanty Bar. Defendant was drunk. Jones went in the house and stayed five or ten minutes. Mrs. King was not there, and the inside of the house was in order. Jones then retired to his own home, which was less than a block away.

Witness Dunham saw Mrs. King on the street between 3 and 4 a.m. She did not appear to have any injuries at that time.

At 9 a.m. defendant was in Jones’ front yard. The two of them went to a liquor store and purchased a half pint of liquor, which they drank in company with one or two others.

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At 10:15 a.m. Mrs. Horne, who was Mrs. King’s sister, brought police to defendant’s home. Mrs. King was found in-bed, nude, covered with a sheet. Her eyes were black and ‘1 she was pretty well messed up.” There was blood in the living room and on the bed and blood was spattered around the bathroom. The house appeared to have been the scene of a fight.

Mrs. King was alive when the officers found her but she expired about 3 o ’clock that afternoon.

The autopsy showed that Mrs. King died of brain injuries resulting from multiple blows to her head, but there was no skull fracture.