People v. Burden

Opinion

POTTER, J.

In a trial by jury, defendant was found guilty of murder of the second degree because of the death of his son, approximately five months old, caused by malnutrition and dehydration.

*607Three contentions are presented on this appeal: (1) the admission in evidence of postdeath colored photographs of the emaciated infant constituted prejudicial error; (2) a tape-recorded interrogation of defendant by the police should have been excluded because defendant did not knowingly and intelligently waive his Miranda rights; and (3) the evidence was insufficient to sustain the conviction of…