Balltrip v. People

Glen Troy Balltrip, the defendant below, was convicted of the second degree murder of David Bath, aged three and one-half. Balltrip brings error from the judgment and sentence.

Balltrip and Donna Margret Bath were living as common law husband and wife in a rented house trailer in a trailer lot in Aurora, Colorado. Mrs. Bath had three children by prior marriages: Yon 7, Jackie 2, and David. The record discloses that, on December 5, 1961, David was suffering from a severe ear infection, later diagnosed as otitis media. That morning, Mrs. Bath went to work, having left instructions with Balltrip…