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17:01 GMT, Thursday, 4 September 2008 18:01 UK

Jury out in smother attack case

A jury is considering its verdict in the case of a woman accused of encouraging her partner to kill his elderly mother by smothering her.

Marrion Herrington, 42, denies attempting to murder 82-year-old Ann Smith at her home in York, in February.

Her partner, Barry Armstrong-Smith, 47, admitted trying to kill Mrs Smith at an earlier hearing at Leeds Crown Court.

The four-day trial has heard the couple wanted to inherit Mr Armstong-Smith's share of his mother's house.

The court heard Ms Herrington allegedly stood in the bedroom doorway as her partner tried to smother his sick mother with two pillows, a duvet and the bed sheets.

Barrister Simon Kealey, prosecuting, told the court how Mrs Smith had recently changed her will to leave her two sons, Armstrong-Smith and his brother, Glen, half of the house between them.

Will changed

The court heard that, on the night of 29 February, Mrs Smith was woken by a light coming on in her room before she felt a weight on top of her and the sheet and duvet were pulled over her head.

She told police that she saw Ms Herrington standing in her bedroom doorway but she never saw her son, who did not continue with the attack.

Summing up the case on Wednesday, Judge James Stewart QC told the jury that Ms Herrington claimed to have had no idea that Armstrong-Smith was going to attempt to murder his mother.

The judge told the jury how Ms Herrington said in evidence that Armstrong-Smith had shouted at her to get the phone, which she took to him in his mother's bedroom, wearing her dressing gown.

The jury heard how Ms Herrington said Armstrong-Smith then told her he had tried to smother his mother with a pillow.

Judge Stewart said Ms Herrington had told the court she knew Mrs Smith had changed her will to include her son but she did not know what share he would get and she did not want any of the money.

Paramedics came to the house after Armstrong-Smith made a 999 call.

They called police after Mrs Smith told them: "They've tried to kill me."




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