Title | Midgett v State.Case Brief |
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Course | Fundamentals of Criminal Law |
Institution | Touro College |
Pages | 1 |
File Size | 36.5 KB |
File Type | |
Total Downloads | 77 |
Total Views | 136 |
Case Brief Criminal Law I - keyed to Kardish casebook 8th ed...
Midgett v. State Supreme Court of Arkansas, 1987 292 Ark. 278, 729 S.W.2d 410 Facts: - Defendant is a piece of shit who beat his 8-year-old son after getting drunk. It happened on numerous occasions. There were witnesses. On the day his son died, the appellant appeared at a hospital telling them something was wrong with his child. The medical examiner who performed the autopsy stated that Ronnie Jr. died as the result of a hemorrhage caused by blunt-force to the abs by a fist. - Procedural History: The lower court convicted Mr. Midgett with Murder in the 1 st degree. Defendant Appeals. - Defendant’s Argument: Appellant argues that in spite of all the eveidence of child abuse, there is no evidence that when he killed his son that it was premediated. Issue: - Was the state’s evidence enough to sustain a conviction of Murder in the first. Holding: - Court found that there wasn’t enough evidence for murder in the 1st, however there was enough for Murder in the 2nd. Court’s Reasoning:...