Commonweath v. Carroll. Touro Criminal Law 2020docx PDF

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Summary

Case Brief based on "Criminal Law and Its Processes: Cases and Materials" by Kadish...

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COMMONWEALTH v. CARROLL Supreme Court of Pennsylvania (1963) FACTS: Parties: Appellant: Carroll (D) Appellee: Procedural History: 

D found guilty of murder in the first



D appeals

Relevant Facts: 

After a rather large argument D shot his wife in the head



D was a well-respected man



Wife had a history of mental illness



Five minutes elapsed between end of argument and shooting



D just remembers shooting his wife, not the intent to shoot

ISSUE: 

Whether there is evidence that the murder was not premeditated or intentional

PARTIES’ ARGUMENTS: Plaintiff: 

Killed in cold blood

Defendant: 

No intent to shoot



Reduce to murder in the 2nd

DISPOSITION OF THE COURT: 

Affirmed

HOLDING: 

There is evidence to support murder was premeditated

COURT’S REASONING:

   



Premeditation can happen very quickly If the killing was intentional length of time between thought and murder is erroneous D knew what he was doing when he picked up the gun and shot his wife Can’t rely on psych evaluations to determine intent Impulse D couldn’t resist must mandate a conviction of murder 1st...