People v. Selph

THOMPSON (IRA F.), J.

This is an appeal by the defendant from a judgment sentencing him to life imprisonment upon a verdict finding him guilty of murder in the first degree and from an order denying his motion for a new trial.

There is and can be no question raised concerning the commission of the homicide by him. On the morning of September 3, 1929, the appellant was seen to chase the decedent, Mrs. Georgia Greggins Bowman out of the house in which they were living together, firing at her with a revolver. She ran out towards her automobile, parked in front of the house, but fell to the ground just before reaching it. After she had fallen the appellant stood over her and continued to fire shots into the body.

However, the appellant contends that the evidence is insufficient to support the verdict of the jury because it fails to show that the homicide v^as “malicious, designed or premeditated.” He also asserts that the court committed error in precluding him from introducing evidence relative to the intoxicated condition of the appellant for a longer period than three weeks prior to the killing.

The arguments thus advanced render it necessary for us to recite the testimony introduced by the prosecution upon the issue involved, noting in this particular that the defendant entered two pleas in the court below, the one that he was not guilty and the other that he was not guilty by reason of insanity.

Some time during January, 1929, the appellant went to live with Mrs. Bowman at the place where the tragedy occurred. On April 19, 1929, the decedent and appellant entered into a written agreement whereby they undertook

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to establish a rabbitry on the same property, she to furnish the money to buy the stock, and room and board to the appellant, and he to- perform the labor necessary to construct the hutches, and to breed, raise and market the increase. The proceeds were to be evenly divided. A third party was named in and signed the agreement as lessor, but, so far as the document discloses, was to receive no money. The agreement contemplated the keeping of 1,000 does, but after they had secured about 115 the decedent sold them without asking the consent of appellant and kept the proceeds. The appellant demanded his share, according to his statement, approximating $20, together with some money he said Mrs. Bowman had taken out of his pocket. These demands she refused, telling him to pack up and get out and that after he had moved he could come back and get the money. The appellant told the officers, however, that such was her method of getting the money, and that she had made several men love her and had taken money from them. He confessed his infatuation with her and said that on the morning of the homicide at about 8 o’clock some man had come to the house with her who was going to step into his shoes. To the arresting officers the appellant made the statement when asked why he had killed her that she had made him do it. It is made to appear from his own statement and from the testimony of another witness that they had been quarreling for two or three weeks. On the morning of the tragedy the decedent renewed her demands that he leave the place and, according to appellant, kicked the door to his room open for the purpose of inquiring if he was going.