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King v State
Ct. Cr. Appeals AL, 1987
Criminal
Author:- Sam Biers
Facts: Mr. King and the victim engaged in disagreeable conduct at a local bar. The conduct continued periodically throughout the evening. The victim and his associate left, in their vehicle, from the bar first. The defendant and his associate left and followed in the opposite direction of their residences. The defendant shot at the vehicle several times, claiming to aim at the tires. One shot went through the window and killed the victim. Defendant and his associate fled the scene and disposed of the weapon.
Issue: Whether or not the State of Alabama failed to prove that the defendant manifested extreme indifference to human life in general as required by law to support a conviction for reckless murder?
Holding: State of Alabama sufficiently proved extreme indifference to human life in general.
Procedure: Jury found defendant guilty of count one Murder. Judgment affirmed.
Rule: Reckless Murder 1)cause the death of another; 2) recklessly engage in conduct which manifest extreme indifference to human life, and 3) created a grave risk of death.
Murder 1) any death, perpetrated by any act 2) greatly dangerous to lives of others, and 4) evidencing a depraved mind regardless of human life, although without a perceived purpose to deprive any particular person of life.
Reasoning: A person acts recklessly when he is aware of and consciously disregards a substantial and unjustifiable risk. The defendant’s acts were imminently dangerous and presented a very high or grave risk of death to others. The defendant did not, as evidence was presented, consciously intend to cause the death of the victim. Firing a pistol at a vehicle without excuse or provocation is sufficient to produce the effect of a great risk of death to others and such conduct manifest extreme indifference to human life generally.