State v. McGirt

PER Cueiam.

The State’s evidence shows these facts: Defendant David McGirt and Modes McGirt were husband and wife, and lived in a house together. Charlie Calahan, after his release from serving a prison term in Florida, spent considerable time in defendant’s home, in spite of defendant’s protests. Defendant had also served a prison term for armed robbery. He (McGirt) had said “if he took one’s life, he would take the other.” On the night of 28 November 1963 Calahan brought to defendant’s home a bottle of vodka and a bottle of whisky. Defendant, his wife, and Calahan were drinking the vodka and…