Asitonia v. State

OPINION

ERWIN, Justice.

This is an appeal from a sentence of 20 years imprisonment resulting from a conviction of second degree murder.

On October 13, 1971, at approximately 6:00 p.m., the defendant, Gilmore Asitonia, having sent his children upstairs, took a loaded .22 rifle and waited for his wife to return from work. As his wife got out of the car in front of the house, the defendant shot her in the neck. He then left the house, walked to where his wife was lying and shot her twice in the head.

Appellant was indicted for first degree murder, and plead guilty to second degree murder. The court,…