State v. Doyle

The defendant, Lena J. Doyle, was charged in a two-count information with second degree murder in violation of section 28-402, R. R. S. 1943 (count I), and feloniously throwing away a dead human body in violation of section 28-1033, R. R. S. 1943 (count II). At the close of all the evidence, the State having rested, and the defendant having elected to put on no evidence, the court found that the State had failed as a matter of law to prove second degree murder and withdrew count I from consideration by the jury. Instead, the trial court instructed the jury on the crime of manslaughter. The…