Berrie v. State

I cannot agree with the majority opinion in this case, because to sustain a conviction the state must prove: First, that Mrs. Berrie,died of strychnine poisoning; second, that defendant administered the poison himself or procured it to be done by another.

To sustain the state’s contention that Mrs. Berrie died of strychnine poisoning, it called Dr. W. W. Bailey, who testified on direct examination that he found a small amount of strychnine in the liver, spleen, stomach, and contents, but not sufficient to measure the quantity, and detailed the symptoms of strychnine poisoning. As to the cause…