People v. Johnson

Defendant Elijah Johnson appeals his conviction of murder of the second degree.

On July 9, 1966, the defendant shot and killed his brother, Absolon Johnson. The defense was that the shooting was accidental.

At the trial a witness testified, over objection, that a year or two before the shooting she had observed the defendant and Cora Johnson, wife of the victim, engaged in sexual intercourse. On the facts of this case we find no error in the admission of this testimony.

In a homicide case evidence of adulterous relations between the accused person and the victim’s spouse is, as a general…