People v. Ewing

Opinion

FRIEDMAN, J.

Defendant went to trial on charges of second degree murder of Devone Lee McMurray (a child of 13 months) and of abusing the child under circumstances likely to produce great bodily harm or death. (Pen. Code, § 273a, subd. (1).) The jury returned a guilty verdict on the latter charge but deadlocked on the first. A mistrial was declared as to the first charge. Defendant appeals from the judgment.

In brief summary, the prosecution evidence showed that defendant lived with the child’s mother and was frequently left alone with the child; on various occasions in September, October…