State v. Bradbury

9 A.2d 657 (1939)

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Nature of the Case

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Facts

D lived with an unmarried sister, Harriet. They were old and the last survivors of their family. In June 1938, Harriet was in failing health. She appears to have suffered some injury from a fall and during the night of June 9, she remained in a reclining chair in the front room of their home. She died on the morning of June 10. D built a hot fire in the furnace tied a rope around the legs of his sister's body, dragged it down the cellar stairs, shoved it into the furnace, and burned it. As the head and shoulders were consumed, he forced it in farther and farther until he was able to close the furnace door. Reverend Ward R. Clark, in the house next door, testified that during the morning of June 10 a heavy, dark smoke, with a very disagreeable odor poured from the chimney of the house. Authorities ask D to show them the remains of his sister. D showed them the ashes of her body. A few bones were found; the rest of the body had been consumed. D was indicted and tried. The indictment did not charge the violation of any statute. At the close of the evidence D filed a motion for a directed verdict which was denied, and after conviction filed a motion in arrest of judgment which was denied. D took exceptions.