Evening star., 1954-12-22
Attorneys 10 Appeal
Sheppard Conviction
And Life Sentence
By n. As.esiossd Prs,

CLEVELAND, Dec. 22.-Dr.
Samuel H. Sheppard. boyish-
faced defendant in sensational
murder trial. was convicted yes
terday Of the second degree
murder of his wife Marilyn
July 4.
A Jury reached that verdict,
which does not carry the death
penalty. after five straight days
of deliberation.
Still protesting that II am not
guilty" DR.. Sheppard was sem
fenced Immediately to life i'm
prisonment.
The State had asked the death
penalty. It contended Or. Shep-
pard bludgeoned his wife to
death after an argument over
hts affairs with other women.
New Trial to Be Sought.
DR.. Sheppard's lawyers
promptly announced they would
appeal for q new trial. II it is
denied. or goes against him q
second time, he will be in prison
at least 10 years. Then he would
be eligible to apply for parole.
His 31st birthday comes one
week from today.
DR.. Sheppard was convicted
of second degree murder, not
first degree murder as the State
had charged.
The difference amounts prin-
cipally to whether or not the
crime was premeditated. Under
Ohio law, the State must prove
premeditation to establish a first
degree murder case. Without
such proof. 1t Is second degree
murder. often referred to In this
State as crime of passion"
Received Case Friday.
Last Friday morning, the jury
Of seven men and five women
retired to weigh the evidence.
Yesterday afternoon, at Ala
p.m.-101 hours and SO minutes
later-the buzzer sounded in the
courtroom. signifying they had
at last reached a verdict. The
jury actually deliberated the case
for 80 hours and % minutes.
DR.. Sheppard's two Older
brothers, Stephen and Richard.
and their wives. Betty and Doro-
thy. were in court. as they had
been every day through the long
wait. Both brothers are osteo-
pathic surgeons. like the accused
man. DR.. Stephen is the one who
had testified, I'VE always con-
sidered Sam very special"
He tried. but failed, to read
James Thurber's humorous book.
my World-And Welcome To
It." while the suddenly silent
room was waiting for q police
man to bring Sam Sheppard into
court.
Appears 20 Minutes Later.
1t was 20 minutes before the
accused man came into the
courtroom. He sat down between
two of his lawyers, William j.
Corrigan and Arthur Petersilge.
DR.. Sheppard talked to them
for a biref instant, then leaned
back in his chair. His eyes Wefe
closed. He was clenching his
hands so tightly together that
his knuckles turned white.
In another. moment. the jury
filed into their seats. None Of
them so much as peeked at him.
Then Judge Edward Blythin
took the bench. His first words
were to caution against any
demonstrations. Then he asked
the jurors if they had arrived at
a verdict. The foreman said
they had. A bailiff collected
five sheets of paper. each con-
tanning a possible sentence
First-degree murder. first-de-
gree murder with recommends
tion for mercy. second-degree
murder. manslaughter and ac-
quittal.
Judge Blythin went through
the slips until he found the one
that was signed. It read:
I'VE. the members Of the jury.
find the defendant not guilty Of
first-degree murder"
A gasp. q rustic of sound, arose
from spectators In the jam
packed back benches. The judge
paused momentarily. apparently
interrupted, and shot Q sharp
glance toward the back of the
room. Then, he finished the
sentence-''but guilty Of second
degree murder" DR.. Sheppard