People v. Hosier

The defendant was charged with and convicted of second-degree murder. This was under the former statute. C.R.S. 1963, 40-2-1 et seq. We affirm.

The facts of this case are not in dispute. A police officer, who interrogated the defendant following his arrest, testified that the defendant made the following statements: The defendant had been living in West Pikes Peak with Mrs. Roper and her children, Michael, age two, and Kimberly, age three. On June 5, 1972, Mrs. Roper went on an errand and left the children in the defendant’s care. When Michael refused to take a nap, the defendant swatted him…