State v. Martinez

SPEAR, Justice.

Frank J. Martinez, appellant herein, was charged with the second degree murder of one Michael Anthony Coburn, a 2-year 10-month old infant, on July 31, 1964. The infant had died from injuries allegedly inflicted by appellant’s repeated kicking and striking of the deceased’s body. Trial was held in June, 1965, and appellant was found guilty as charged.

At approximately 2 o’clock p. m. on July 31, 1964, an ambulance was summoned to the residence of Sandra Coburn in Nampa, Idaho. An attendant examined the body of the deceased child in the presence of his mother and appellant, and…