State v. Gray

OPINION

OMAN, Judge.

Defendant, who is twenty-one years of age, was convicted of second degree murder. The victim was a two year old girl, who was the youngest of ten children of a woman with whom the defendant had been living and cohabiting for approximately one year.

The death of the child resulted from a beating administered by defendant on April 13, 1967 by striking with clenched fists and kicking the child in the abdomen. Present in the home at the time of the beating, besides the defendant and the victim, were three other daughters of the woman, and their ages were ten, eight and four…