State v. Malzac

Robert J. Breunig, Justice. *

Appeal from a judgment of conviction of murder in the second degree * 1 and from an order denying defendant’s motion for a new trial.

Defendant, Philip Paul Malzac, was charged with second-degree murder after the girl with whom he was living, Mary Sue Brown, died of a .20-gauge shotgun wound in the upper part of her left buttock. She was shot about 12:30 a, m. on February 7, 1974. The victim was in the back seat of her 2-door 1967 Plymouth Barracuda when the shooting occurred. Defendant was the only other person present at the time.

About 3 p. m. on the afternoon of…