State v. Lundstrom

• Decision Date: 31 October 1969
• Docket Number: No. 41592,41592
• Citation: 171 N.W.2d 718,285 Minn. 130
• Parties: STATE of Minnesota, Respondent, v. Loyal Edward LUNDSTROM, Appellant.
• Court: Minnesota Supreme Court

Page 718

171 N.W.2d 718

285 Minn. 130

STATE of Minnesota, Respondent, v. Loyal Edward LUNDSTROM, Appellant.

No. 41592.

Supreme Court of Minnesota.

Oct. 31, 1969.

Syllabus by the Court

Minn.St. 609.20 provides in part that whoever intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary selfcontrol under like circumstances is guilty of manslaughter in the first degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $15,000, or both.

'Intentionally' means that the actor either has a purpose to do the thing or cause the result specified or believes that his act, if successful, will cause that result. He must also have knowledge of those facts which are necessary to make his conduct criminal and which are set forth after the word intentionally. Minn.St. 609.02, subd. 9(3).

The question for our determination here is whether the evidence is sufficient beyond a reasonable doubt to justify the jury in concluding that the defendant had a purpose to kill his wife or believed that putting his hand around her throat, if successfully done, would cause her death. Held, the record here leaves doubts sufficiently serious so that a new trial should be granted in the interests of justice.

C. Paul Jones, Public Defender, Roberta K. Levy, Asst. Public Defender, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., Richard H. Kyle, Sol. Gen., J. Dennis O'Brien, Sp. Asst. Atty. Gen., St. Paul, Carl E. Erickson, County Atty., Brainerd, for respondent.

Heard before NELSON, MURPHY, OTIS, SHERAN, and FRANK T. GALLAGHER, JJ.

OPINION

FRANK T. GALLAGHER, Justice.

Appeal by defendant from a judgment of conviction in the district court entered upon a jury verdict of guilty.

Defendant was convicted of first-degree manslaughter in the death of his wife in the early morning hours of October 7, 1967. It is clear from the record that prior to the incident involved defendant was a man of very good reputation, extremely active in his church and community affairs, who had no past history of violent action, and to all who knew him appeared to be a good father and husband. The testimony to this effect was offered by the ministers with whom he had been associated, their wives, his 16-year-old daughter, his 20-year-old son, and the family of his deceased wife.

Defendant and his wife had been married for about 20 years. They had five children, four living at home and one in the Navy. During most of their marriage they lived in or near Montevideo, Minnesota, where defendant was employed at the same job for 15 years. In addition to his job, defendant at different times during this period held various offices in his church and was president of the Montevideo Interdenominational Holiness Camp, an elected member of the Watson, Minnesota, School Board, and an active volunteer fireman.

In 1965 the family purchased a resort in Merrifield, Minnesota, near Brainerd, and moved there to live. In addition to running the resort defendant held several jobs with firms in the area. He had been with one company about a year at the time of his wife's death. He continued to be active in his church, holding the position of superintendent of the Sunday school. His wife taught Sunday school classes. During this time their closest friends were the Reverend Holland Reidel, the pastor of their church, and his wife. The families visited back and forth on an average of twice a week and at the time of the events in question here were living within a quarter of a mile of each other.

The uncontradicted testimony at trial indicates that during the last few months preceding her death there was a definite change in the physical and mental condition of defendant's wife. She lost weight and suffered from severe headaches for which she took large amounts of aspirin. She seemed to lose interest in her normal housewifely duties and in her family and suffered frequent periods of depression. On several occasions she failed to answer the telephone when it rang even though she was within a few feet of it. Mrs. Reidel testified that on one occasion Mrs. Lundstrom looked at her youngest child, became quite pale and solemn, and stated: 'You don't belong to me.' When the child denied this she repeated the statement. The testimony further indicated that defendant made a considerable effort to find out what was troubling his wife and to help her. He asked the help of his brother-in-law and father-in-law and asked his oldest daughter to talk to her mother and try to get her to snap out of it. He repeatedly urged her to see a doctor, but she refused. Defendant believed his wife was tired from the hard work connected with running the resort during the summer months, and in an effort to help he took the family out to dinner often and on frequent trips to see relatives.

The evidence in the record as to what occurred in the Lundstrom home on the night of Helen Lundstrom's death is found mainly in defendant's testimony, substantiated by the testimony of his daughter and the Reidels as to some particulars, and by the medical and physical evidence as to others.

The Lundstrom family had dinner about 6:30. Except for the son in service the entire family was present. One of the Reidel children was also there as a guest. Following the meal the defendant read to the family from the Bible and his wife led them in prayer, as was their custom. The Reidels arrived about 8 p.m. with some music defendant's oldest daughter was to play for a funeral the next day, and stayed to visit for about a half hour. Before leaving they agreed to let their daughter stay overnight, after inquiring whether Mrs. Lundstrom felt 'up to' having another child in the house. They said she was in a good mood when they left.

From the time the Reidels left until the family retired about 1 a.m., defendant sang along as his daughter practiced playing the hymns and then drank coffee and prepared Sunday school lessons at the kitchen table with his wife. About 1 a.m. the Lundstroms began to prepare for bed although the children were still awake upstairs and making noise. Since it was a Friday night they were allowed to stay up. The oldest daughter told the younger children stories and they fell asleep; she remained awake and heard some of the subsequent events.

Defendant testified that when they went to bed he attempted intercourse with his wife, as she appeared in a receptive mood, but after he had removed her pajama pants her mood changed abruptly and she bit him quite hard on the hand. He stopped and informed her that they would not continue if she did not wish to. She replaced her pajamas and left for the kitchen, stating that she needed air. Defendant followed her and told her not to go outside as she was barefoot and in light pajamas. She did not listen and went out to a shower-and-washroom building used in connection with the cabins and located about 60 yards from the house, entering the side marked 'Men.' Defendant followed, trying to talk to her. Once they were both inside Helen became more and more hysterical and began hitting defendant with her fists. The daughter, who had heard her parents in the kitchen and heard the door slam, heard her mother scream and shout 'Why do you always have to act like this?' or similar words. Defendant testified that in an attempt to restrain his wife he put one hand on her neck and the other at her waist and pushed her against the wall. She jerked back and fell to the floor. Defendant thought she had fainted and attempted to revive her by slapping her face. When this failed he felt for a pulse and found none. He left the body where it was, reentered the house to get a shirt and shoes, and then drove directly to the Brainerd Police Department without calling anyone for help.

The daughter was able to testify that she heard 'slapping' noises in her parents' bedroom, similar to what she had heard coming from there on other occasions, and that she heard someone reentering the house just before she fell asleep. Her estimates as to the time were quite close to those given by defendant. There were no other witnesses who testified as to the events between 8:30 p.m. and just after 2 a.m., when defendant reached the police station.

When defendant arrived at the police station he told the officer in charge, Officer Harold Knutson, that he and his wife had been arguing, there was a struggle, and he 'gave her a push and she fell down and she didn't get up,' adding that he thought she was 'gone.' Defendant also told Knutson that it was a friendly argument and that he loved his wife and would not hurt her. Defendant identified himself with a business card for the resort, on the back of which was written the name and telephone number of Reverend Reidel, whom defendant asked Knutson to call. After making his statement defendant sat sobbing until Reidel arrived, at which time the two men were given a private office in which to talk.

Knutson testified that defendant had told him that just before he pushed his wife she had said, 'I hate you, I hate you.' Knutson did not mention this until the end of his testimony, after prodding by counsel for the state, although he said it occurred at the same time as defendant's other statements. He had not included it in a comprehensive report he prepared in lieu of appearing at a pretrial hearing. (Knutson's wife was undergoing surgery on the day of the hearing.) Defendant denied that his wife had made this statement to him or that he had told Knutson she made it.

A deputy sheriff was dispatched to the resort and found the body in the washroom. It was fully clothed in pajamas which had no buttons missing and were not ripped or torn in any way. Subsequently the chief deputy, an ambulance driver, and the county coroner arrived at the scene. All testified to substantially the same facts. They found no signs...