Downey v. People

David Albert Downey, the defendant in the lower court and to whom we hereinafter refer as defendant, or by name, was charged by information filed in the district court of El Paso county on July 28, 1947, with having “feloniously, wilfully and of his malice aforethought” killed and murdered one Lolly Lila Downey. Defendant entered a plea of not guilty and the cause came on for trial October 7, 1947. The jury returned a verdict of guilty of, murder in the first degree and fixed the penalty at “life imprisonment at hard labor in the State Penitentiary.” Motion for new trial was thereafter filed,…