State v. Smith

McGHEE, Justice.

The defendant was charged with the murder of his one year old step-daughter, Darla Jeane Ducharme, and a verdict of guilty of murder in the second degree was returned by the jury.

At about 7 p. m., August 8, 1946, the defendant and the child left his home in Albuquerque in an automobile. The only clothing the child was wearing was a diaper. She was happy and no bruises were visible on her body. The defendant returned at approximately 10:40 p. m. with her dead body in his arms. There were bruises on her buttocks, back, throat, face and head. Later that night an autopsy was…