Lutz v. People

Plaintiff in error, herein referred to as defendant, was charged with the murder of his wife, Rose Mary Lutz. On motion of counsel for defendant, at the close of all the evidence, the question of first degree murder was withdrawn from consideration of the jury and the case submitted upon instructions embracing second degree murder, voluntary and involuntary manslaughter and excusable homicide. The jury returned a verdict finding defendant guilty of murder in the second degree and he was sentenced to a term in the state penitentiary. He brings the case here by writ of error, seeking reversal…