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Jury May Get Murder Case

Jury May Get Murder Case image
Parent Issue
Day
25
Month
February
Year
1956
Copyright
Copyright Protected
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Donated by the Ann Arbor News. © The Ann Arbor News.
OCR Text

Jury May Get Murder Case

Judge Denies Motion For Not Guilty Verdict

The murder case against Harold A. Johnson may go to a cir-
cuit court jury late today, it appeared early this afternoon.

Johnson, 38, is charged with fatally shooting his one-year-old
daughter, Margaret, in the family's home at 1435 Westfield Ave.
on Jan. 9.

Circuit Judge James R. Breakey, jr., today denied a defense mo-
tion asking that a directed verdict of not guilty be returned
on the ground that the prosecution had not shown premediation,
malice or motive. The prosecution rested its case after calling
12 police witnesses.

Judge Breakey said the defense in effect was asking the court to
say Johnson had "the right to kill his innocent little child."

Judge Breakey pointed out that Johnson, according to his state-
ments to police, had gone to the basement of his ranch-type home
at 1435 Westfield Ave. and reloaded the .32-caliber revolver
before killing Margaret in her crib.

Johnson took the stand late
this morning in his own defense
and spoke so softly that court of-
ficers had to turn up the volume
of the witness box loudspeaker
so the jury could hear his testi-
mony. He related how he and his
wife, Margery, 35, had meet at a
church function in 1935. They
came to the University later and
he received a medical discharge
from the Army and later an en-
gineering degree 'from the Uni-
versity.

A defense of insanity has been filed for Johnson, whose testi-
mony was to be followed by that of two Ann Arbor psychiatrists.
Johnson claims that his wife was killed when the gun went off
accidentally and he then went insane and killed his three-year-
old daughter, Barbara, and Margaret.