Patrick v. State

HERRMANN, Justice:

The defendant appeals from his conviction of murder in the second degree on the grounds (1) that the evidence was circumstantial and insufficient to support the conviction ; and (2) that evidence introduced at trial was illegally obtained.

The pertinent threshold facts are undisputed :

Ernest R. Patrick, the defendant, lived with Joseph Woods and Beverly Goodwyn. Beverly was Woods’ mistress but she was also intimate with Patrick on occasion. On the night before the killing, Beverly and Woods had an altercation, over her leaving the house without him, during which Woods struck…