"These brain wave tests revealed disturbances in the electrical activity of a convulsive disorder which were compatable with a `grand mal' seizure disorder. Summers, a specialist in neurology, testified as to his examination and tests including a pneumoencephalogram. Two doctors who examined defendant were called as witnesses for defendant.ĭr. There is neither claim nor evidence that defendant suffered any grand mal seizure on June 19. Other lay witnesses who had known defendant testified as to his physical condition. *472 He had asked his wife for a divorce, had considered getting a Mexican divorce, was in love with Helen Barker and wanted to marry her. He said he remembered standing beside Helen Barker with a gun in his hand, but had no recollection of any other details surrounding her death or of his activities during the afternoon and evening of June 19. 22 caliber bullets were found on the defendant when he was arrested.ĭefendant in his own behalf testified as to his background, work, health and habits. A pawn shop owner said he sold the gun to defendant on June 11, 1966, 8 days before the murder. The gun was loaded with three live shots and three spent shots. There was a 22 caliber revolver in the Barker car under the right front seat. He was arrested at her home between 4:00 and 5:00 the next morning. He called a woman named Elaine Rasmussen who went to Nauvoo and took him to her home in Danville. Barker's car to Nauvoo, Illinois where he had car trouble. Barker's body was found by her minor son when he returned home from a trip downtown.ĭefendant drove Mrs. As he left he drove slowly and was looking or staring toward the Barker residence. It was estimated that she was killed around 1:30 to 2:00 on the afternoon of Sunday, June 19, 1966.ĭefendant was seen leaving the house and driving away at about 2:00 p.m. The muzzle of the weapon was held 12 to 18 inches from her face. In the afternoon Helen Barker was shot and killed. He drank some more bourbon and some beer. He drove back to her home and finished cleaning the car. While he was washing the car he consumed a part of a pint of whiskey. On Sunday morning, June 19, 1966, the defendant arose and watched television and then took her car to be washed. On the last weekend of Helen Barker's life, defendant was at her home. The seizures were recognized as a "grand mal seizure", an epileptic seizure. The last seizure occurred while the defendant was driving a government vehicle at a munitions plant and his employment was terminated shortly thereafter. During the time that he was dating Helen Barker the defendant suffered two seizures and blackouts, one in August 1965, the other in October 1965. On weekends her sons would visit their father and defendant would visit Helen Barker, arriving on Saturday and staying until early Sunday evening. Helen Barker had been married and had two boys. He was married in 1947 and his family consisted of his wife and six children. He had left his wife in January 1966.ĭefendant was born Maand was 38 years of age at the time of trial. He had been dating and seeing her frequently since the summer of 1965. The trial court found that James Arthur murdered Helen Barker in June 1966. We affirm.Įxcept for the formal plea of not guilty and defendant's claimed lapse of memory there are no factual issues other than the question of insanity. From final judgment entered after ruling on his subsequent motions he appealed. He was tried before a judge and jury and found guilty of murder in the second degree. He thereafter entered an additional plea of not guilty by reason of insanity. On application of his counsel and order of court he was temporarily transferred to Iowa Methodist Hospital, Psychiatric Department, for psychiatric examination. He has at all times been represented by experienced and competent counsel. Hildreth, County Atty., Burlington, for appellee.ĭefendant James Anthony Arthur was indicted for murder (first degree) as defined by sections 690.1 and 690.2, Code of Iowa. *471 James Lawyer, Des Moines, and John D.
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