People v. Lamothe

Defendant appeals from a judgment of conviction of second degree murder entered upon a jury verdict.

On March 10, 1962, in response to an emergency call, an ambulance and a police officer were dispatched to an apartment occupied by appellant and his wife, Shirley. There they found Linda Jean Moody, a 16-month-old baby. She was unconscious and her breathing was irregular.

The child was taken to the hospital. Her body was filthy and covered with bruises, some of which appeared to be quite recent.

Brain damage was indicated and surgery was performed. This revealed two large subdural hematomas, one…