State v. Smith

Rogosheske, Justice.

Defendant, Gerald George Smith, appeals from a judgment of conviction of murder in the third degree. The major issue raised is whether the evidence, viewed most favorably to support the verdict, is sufficient for the jury to find beyond a reasonable doubt that defendant’s assault upon his wife was the proximate cause of her death. We affirm.

On November 29, 1969, Mr. and Mrs. Smith were at a bar in Redwood Falls. After returning home, they started arguing about who would pay the babysitters and take them home; the argument intensified and blows were exchanged when they went…