Daniel Smith, Jr. v. United States

EDGERTON, Circuit Judge.

These appeals are (1) from a conviction of second degree murder 1 and (2) from denial of a motion for a new trial on the ground of newly discovered evidence. United States v. Smith, D.C., 179 F.Supp. 684.

Appellant says the corpus delicti was not proved. We disagree. Appellant’s wife died of a brain hemorrhage “contre-coup” in the left side of the brain. The deputy coroner testified this hemorrhage resulted from a blow struck by a sharp instrument on the right side of the head, where there were gaping wounds. Shortly before the killing, appellant violently assaulted the…