State v. Thomas

— This is an appeal from a judgment of conviction on two counts, the crimes of murder in the second degree and assault in the first degree. This case was retried after we reversed and remanded it for a new trial in State v. Thomas, 58 Wn. (2d) 746, 364 P. (2d) 930 (1961).

The defendant (appellant), Harold Oscar Thomas, and Sylvia Wilfong Carrier were social companions from the summer of 1958 until her marriage to Ray Walter Carrier on October 30, 1959. The defendant became jealous and in November, 1959 he went to the Carrier home and menaced her with a revolver. Slyvia Carrier testified that…