State v Forrest - Case Brief Criminal Law I - keyed to Kardish casebook 8th ed PDF

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Case Brief Criminal Law I - keyed to Kardish casebook 8th ed...

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State v. Forrest Supreme Court of North Carolina, 1987 321 N.C. 186, 362 S.E.2d 252. Facts: Defendant had an ailing father who was placed in a “No Code” section of the hospital, meaning no further care would be done to him and he would just be made comfortable. The defendant visited his father on December 24th, where after two nurses told him his father is not as sick as he thinks he is, he kicked the nurses out. He then cried for a while telling his dad how much he loves him, the father then began to cough. The son then pulled out his revolver and shot his father 4 times killing him instantly. Procedural History: Lower court convicts defendant of murder in the first degree, he appeals on the basis of insufficient evidence of premeditation and deliberation. Issue: Was there sufficient evidence to convict murder in the 1st degree? Holding: There was enough Court’s Reasoning: Following the rule of 1st degree murder, which is the intentional and unlawful killing of a human being with malice and premeditation, the court found the defendant guilty. Due to the fact that he deliberately stated to the authorities that he could not see his father suffer anymore and thought he didn’t think he could do it he killed him in order to stop his suffering. They also stated that because the victim was lying there helpless, the defendant had no reason to attack. They also used the fact that he brought his gun to the hospital even though he was a truck driver and claimed he carried it for protection. However, he wasn’t working that day....