People v. Geiger

159 N.W.2d 383 (1968)

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Nature of the Case

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Facts

D confronted his estranged wife (W), as she was about to enter the bar with Joan Greening. W told Joan to wait in the bar. Joan waited but saw D throw W into a car and drive off. D told police he drove her to Prudenville elementary school playing field. They argued and got out of the car. D struck his wife 'two or three times' with his open hand and pushed her to the ground. She bumped her head against the car. W failed to get up, so D picked her up and placed her in his car in such manner that D bumped her head against the car. D attempted to clean her after driving a short distance to a house trailer which they had rented. D convinced a friend to move W's car which was still at the bar. D told his friend he might be facing a murder rap. D asked his employer for money at around 4 a.m. D then placed W in the car and drove 186 miles, and then he stopped and took W to a hospital. She was pronounced dead. An autopsy showed that W had been struck about the face and body by a blunt object such as a hand or a fist. External marks of violence included swelling around both eyes, the chin, both lips, the right forearm, the left hand, both shoulders, and the neck. There were facial abrasions and dried blood covering the right side of her face. Also present were small hemorrhages in the covering of the brain. The medical cause of death was 'aspiration of the gastric contents into the air passages with resultant shock, asphyxia, collapse, and pulmonary edema.' After the beating, W had attempted to vomit and had choked to death on her own vomitus. D gave a story to the police that left out his friend moving the car and the visit to his employer. D was charged with first-degree murder. The jury was instructed for second-degree murder and manslaughter. D was convicted of manslaughter and appealed.