People v. McGarry

This is an appeal from a judgment of conviction of murder in the first degree, imposing the death penalty, and from an order denying a motion for a new trial. The homicide occurred on March 30, 1953.

The defendant is 65 years of age. His victim, Richard K. Gandy, was a member of the law firm which represented the defendant’s wife in her successful action for separate maintenance. In that action, begun in 1948, an order was made requiring the defendant to pay certain sums in support of his wife and child, and for attorneys’ fees. He refused to do so and a contempt proceeding was instituted…