People v. Burkhart

The defendant was charged with the murder of Ann McKnight Burkhart, his estranged wife. The jury brought in a verdict finding the defendant guilty of murder in the first degree and recommending that he suffer the death penalty. This appeal is from the judgment of conviction and from the order denying defendant’s motion for new trial.

The homicide of which defendant stands convicted occurred on March 24, 1930, at a time when the parties were living separate and apart, the deceased having theretofore instituted divorce proceedings. On two distinct occasions prior to the homicide, the defendant…