Evening star., 1936-03-20
H|SEY CONVICTED;
AWAITS SENTENCE
Appeal Not Expected-20
Years to Life Is
Possible.
BY WILLIAM III. sHIPPEN, JR.

From 20 years to life imprisonment
today lay ahead of Charles Frederick
Hisey, the 53-year-old printer convict.
ed in District Supreme Court late yes.
terday of the second-degree murder o.
Miss Virgie Rosella Lyttle, 26, de.
partment store clerk and roomer ir
the Hisey home at 414 Rittenhous,
street.
Attorneys Neil Burkinshaw and Nu.
gent Dodds announced they did no
expect to appeal the case. Justict
Daniel w. ODonoghue deferred sen.
tence. The defendant received tn,
verdict in impassive silence. His de.
meanor throughout the four-day tria
was that Of calm resignation.
The defense insisted Hisey had beer
on q five-day drunk preceding tn,
murder, which occurred at the Ritten.
house street residence on the morning
of August 20. In q voluntary state.
ment and throughout cross-examina.
ton Hisey insisted he could recall only
vague details Of events leading up Il
the tragedy.
Drunkenness Factor.
Justice O'Donoghue instructed th'
jury of IL men that Hisey's degree o.
intoxication or sobriety was one Of tht
most important elements Of fact they
were to determine The Government
had asked the death penalty on first.
degree murder verdict.
The trial justice instructed the jur.
ors. however, that IF you believe the
defendant was so intoxicated he coulc
not entertain the specific intent tt
murder as charged, he cannot b,
guilty Of first-degree murder"
The justice pointed out that a de.
fendant to be convicted of first-degret
murder must be shown to have beer
capable Of premeditating the deed with
intent, purpose and malice afore.
thought" The justice said that while
q motive did not necessarily have tc
be proved, the absence of such proof
might be considered in the defendants
favor.
oUhE0tlUu SuAI SCus
The prosecution had sought to show
that Hisey had become especially in
terested" in the girl roomer and had
shot her to death after trying vainly
to force q 5000 loan on her to put heI
under obligation to him The defense
contended that only flimsy, If any
evidence had been offered in support
Of this theory.
Hisey had suicide note addressed to
"the coroner" and loaded automatic
gun in his pocket when he insisted on
having q word alone with Miss Lyttle
on the morning of her death. Hisey
testified he bought the gun, three
days before the shooting, to commit
suicide. He said he wished to talk to
the girl to ask her to persuade his wife
to 60 to work that day SO he would
Hisey took the girl into his wife's
bed room and shortly later she was
found fatally shot. Police responding
to q call from Mrs. Hisey came to the
residence. Hisey shot Ondcer Robert I.
Talbert through the arm Is the latter
the steps to disarm him. The
policeman subdued Hisey.
The defense contended Hisey's shoot
ing Of the policeman was one Of the
strongest proofs that be was in q
crazed and drunken condition. The
Government, however, offered testi-
mony from four police officers and an
Army doctor who treated Hisey to
refute the theory that he was drunk.
All testified they did not smell liquor
on Hisey's breath, and that he showed
no indication of being drunk.
Mrs. Hisey and the dead girls sister.
Miss Esther Lyttle. testified Hisey had
been drinking heavily f0 senas time
prior to the trasNdy.