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Midgett
v. State
Supreme Court of Arkansas, 1987
Author: Jim
Facts:
Defendant severely abused his son. In one such incident,
the defendant was drunk and he hit his son in the stomach with
his fists. These blows proved to be fatal.
Procedure:
At trial, the defendant was found guilty of 1st degree
murder.
Issue:
Can the conviction of 1st degree murder stand in the
given facts?
Holding:
No
Rationale:
Even though the acts of the defendant were outrageous, they still
lack premeditation or deliberation to support a 1st
degree murder conviction. The defendant did not intend to
kill his son and he only intended to further abuse him.
Some states have adopted statutes that make deaths resulting from
child abuse and torture fall under first degree murder. But
in the absence of such statute, it is the duty of the court to
rule in favor of the defendant.
Dissent:
The defendant continuously starved, choked, and hit his child and
a jury reasonably came to the conclusion that he intended for the
child to die from such actions. But this court took the
place of the jury in this case and came to the conclusion that
the defendant did not intend to kill his child. The court
clearly overstepped its boundaries.
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