defendant made statements to police and witness that defendant’s wife and father-in-law, with whom he lived, had died in their house and that he knew where the bodies were; he hoped the police "wouldn’t get anywhere because they had no corpus delicti"; defendant forged his father-in-law's pension check; bloody clothing was found in the home and wet spots of human blood on the carpet; attempt was made to sand the floor and wash off the blood
How later courts described this case
- defendant made statements to police and witness that defendant’s wife and father-in-law, with whom he lived, had died in their house and that he knew where the bodies were; he hoped the police "wouldn’t get anywhere because they had no corpus delicti"; defendant forged his father-in-law's pension check; bloody clothing was found in the home and wet spots of human blood on the carpet; attempt was made to sand the floor and wash off the blood
- evidence that victim intended to leave defendant, her husband, along with defendant’s admissions and bloodstains, established corpus delicti for first degree murder
- victim disappeared, proof that defendant forged victim’s check, proof of bloodstains on rug and clothing and proof of defendant’s incriminating statements
Written by the judges who cited it.
The opinion
CARTER, J.
I dissent.
In my opinion the evidence was insufficient to establish the corpus delicti, and the trial court committed prejudicial error in stating in the presence of the jury that the corpus delicti had been established.
I would, therefore, reverse the judgment and remand the case for a new trial.
Appellant’s petition for a rehearing was denied August 23, 1951. Carter, J., voted for a rehearing.