State v. Foster

*404OPINION OP THE COURT

BY WIRTZ, J.

Defendant-plaintiff in Error, Kathryn Dennison Foster, hereinafter referred to as “defendant” was indicted by the Territorial Grand Jury for Murder in the Second Degree, in March 1959, for the killing of her husband, Francis Cecil Foster, a retired Army Colonel.

*405On January 16,1959, and for several years prior thereto, defendant and her husband lived in a two-story duplex apartment at 2003 Ala Wai Boulevard. The living room, kitchen and laundry area were on the first floor, while the bedrooms, one of which was used for storage, were located on the second floor.

At…