State v. Johnson

STRUCKMEYER, Vice Chief Justice.

Appellant, Peggy Jane Johnson, was convicted by jury of second degree murder, and thereafter brought this delayed appeal.

In August of 1971, appellant and her two children were sharing the home of her mother and stepfather, Robert McDevitt. During the course of the evening of August 11, 1971, she consumed three alcoholic drinks, but she was not intoxicated. Appellant returned home about 1:15 a. m. After entering the house through the kitchen door and determining that her stepfather, an alcoholic, had been drinking, she then went to her children’s bedroom where…