State v. Mahoney

— Appellant was found guilty of murder in the first degree, the verdict fixing the penalty of death. A consideration of the assignments presented upon the appeal requires a statement of the facts which the evidence tended to establish.

Appellant was released from the penitentiary at Walla Walla in the month of January, 1921, and came to the city of Seattle, where he was introduced by his sister to Kate Mooers, who was of the age of sixty-seven or sixty-eight years and possessed of considerable property, appellant being of the age of about thirty-eight years. The parties intermarried on the…