Monday, November 14, 2011

State v. Forest case brief (Criminal Law)

State v. Forest

-Son goes to hospital where he left his ail dying father, brings a gun and tells the nurse "he's dying".  He yells at the nurse when she tells the son that his father is getting better.
-The son is then left alone with his father, the father coughs, wheezes, and the son (D) shoots him four times, cocking the gun each time, walks out, drops the gun.  He is upset and does not deny shooting the father.

-Was there insufficient evidence of premeditation + deliberation for 1st degree murder?
-No, the evidence is sufficient for a charge of first degree murder.

First Degree Murder is the intentional unlawful killing of a human being with malice + premeditation + deliberation.
(Premeditation + Deliberation must be proved by circumstantial evidence)
1.  Want of provocation on the part of the deceased.
2.  D's conduct/statements before and after the killing.
3.  Threats + declarations of D before and during the course of the occurrence.
4.  Ill-will/previous difficulties between the parties.
5.  Dealing of a lethal blow(s) after the victim felled/helpless.
6.  Evidence that the killing was in a brutal manner.
7.  (Can also look at the nature and number of the wounds)

-The court states that the cause of the death was the shots fired from D.

Course: Criminal Law
Topics:  Premeditation, Deliberation, First Degree Murder

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