People v. Hardy

Lois and Joe Hardy, her husband, were charged by information with the murder of James W. McLain. While they were awaiting trial Joe escaped from jail, and Lois was tried alone on her plea of not guilty. The jury returned a verdict of murder in the first degree without recommendation. Defendant’s plea of not guilty by reason of insanity was withdrawn, her motion for a new trial was denied, and the death penalty was imposed. This appeal is automatic under section 1239 (b) of the Penal Code.

The prosecution’s case against defendant rests almost entirely upon oral statements made by her to…