Citation22 Ill.320 N.W.2d 608 (Iowa 1982) Brief Fact Summary. The Defendant, McFadden (Defendant), was convicted of two counts of involuntary manslaughter arising out of his participation in a drag race. A fatal collision occurred when the individual against whom the Defendant was racing swerved into an oncoming lane of traffic, killing himself and a passenger in another vehicle. Synopsis of Rule of Law. A defendant may be held criminally liable for the death of another where there is evidence that defendant’s conduct was a proximate cause of the resulting death. ...
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Commonwealth v. Atencio
Citation22 Ill.345 Mass. 627, 189 N.E.2d 223 (1963) Brief Fact Summary. The Defendants, Atencio and another individual (Defendants), were convicted of manslaughter arising out of the death of their companion who fatally shot himself in the head during a game of “Russian roulette.” Synopsis of Rule of Law. A person is criminally liable for the death of another where he cooperates in a reckless activity that brings about the death of another participant. ...
Stephenson v. State
Citation22 Ill.205 Ind. 141 (1932) Brief Fact Summary. A woman, who had been kidnapped by the Defendant, Stephenson (Defendant), committed suicide with a poison pill evidently in order to forego facing further physical and emotional abuse, including attempted rape, from her kidnapper. Synopsis of Rule of Law. A homicide is committed where an intervening actor who causes the fatal blow is rendered irresponsible as a result of defendant’s unlawful conduct. ...
Commonwealth v. Root
Citation22 Ill.403 Pa. 571, 170 A.2d 310 (1961) Brief Fact Summary. The Defendant, Root (Defendant), was found guilty of involuntary manslaughter for the death of man against whom he was competing in a car race on a highway. The decedent was killed when he swerved into a lane of oncoming traffic in order to pass Defendant’s car. Synopsis of Rule of Law. The crime of involuntary manslaughter requires both reckless conduct on the part of the defendant and that that recklessness was the direct cause of the resulting death. ...
People v. Campbell
Citation22 Ill.124 Mich. App. 333, 335 N.W.2d 27 (Ct. App. 1983) Brief Fact Summary. The Defendant, Campbell (Defendant), encouraged the victim to commit suicide and offered him his own gun with which to do so. The victim, who had been drinking heavily with Defendant, fatally shot himself once Defendant had left. Synopsis of Rule of Law. Encouraging another person to kill himself and creating conditions to more readily facilitate that person in taking his life, does not rise to the level of intentional murder. ...
People v. Kevorkian
Citation22 Ill.447 Mich. 436, 527 N.W.2d 714 (1994) Brief Fact Summary. The Defendant, Kevorkian (Defendant), was indicted on two counts of murder for assisting in the deaths of two women. The women had come to Defendant in order to use his “suicide machine” – a device that allowed a person to take their own life in a calm, painless manner. Synopsis of Rule of Law. Intentionally providing the means by which another person commits suicide does not rise to the level of murder. ...
People v. Acosta
Citation22 Ill.232 Cal.App.3d 1375, 284 Cal.Rptr. 117 (Ct. App. 1991) Brief Fact Summary. Two police helicopters, assisting in the high-speed pursuit of the Defendant, Acosta’s (Defendant) automobile, collided with each other, resulting in the deaths of three people. Defendant was convicted on three counts of second degree murder on the basis that his actions in evading police caused the helicopter collision. Synopsis of Rule of Law. Defendant’s conduct was a proximate cause of the helicopter collision insomuch as it was a foreseeable consequence that he might reasonably have c ...
People v. Arzon
Citation22 Ill.92 Misc. 2d 739, 401 N.Y.S.2d 156 (Sup. Ct. 1978) Brief Fact Summary. The Defendant, Arzon (Defendant), was charged with the murder of a fireman who had received fatal injuries when, responding to an arson that Defendant committed, he encountered a separate arson fire in the same building. Synopsis of Rule of Law. An individual is criminally liable for the death of another if his conduct is a sufficiently direct cause of death that could have been reasonably foreseen as a consequence of his actions. ...
Gregg v. Georgia
Citation22 Ill.428 U.S. 153, 96 S. Ct. 2909, 49 L. Ed. 2d 859 (1976) Brief Fact Summary. A jury imposed the death sentence on Gregg (Defendant), after finding him guilty on charges of armed robbery and murder. Synopsis of Rule of Law. Capital punishment does not violate the Eighth or Fourteenth amendments of the United States Constitution provided it is set forth in a carefully drafted statute that ensures the sentencing authority has adequate information and guidance in reaching its decision. ...
McCleskey v. Kemp
Citation22 Ill.481 U.S. 279, 107 S. Ct. 1756, 95 L. Ed. 2d 262 (1987) Brief Fact Summary. McCleskey (Defendant) was sentenced to death for his role in an armed robbery, which resulted in the murder of a police officer. He challenged his sentence on the ground that it was imposed because he was black. Defendant provided statistical evidence that blacks disproportionately received death sentences when the murder victim was white. Synopsis of Rule of Law. Statistical evidence showing that one racial group receives a disproportionate amount of death sentences, as opposed to other groups, is not s ...
Taylor v. Superior Court
Citation22 Ill.3 Cal.3d 578, 91 Cal.Rptr. 275, 477 P.2d 131 (1970) Brief Fact Summary. Petitioner Taylor was charged with the murder of his co-felon who was shot by the victim in the course of an attempted robbery Synopsis of Rule of Law. An accomplice to a robbery is vicariously liable for any killing attributable to the intentional acts of his co-felons that are committed with a conscious disregard for life. ...
People v. Stewart
Citation22 Ill.663 A.2d 912 (R.I. 1995) Brief Fact Summary. The defendant is a mother of an infant who went on a crack binge and failed to care for her infant child who, as a result, died. Defendant was found guilty of second degree felony-murder and moves for an acquittal based on the argument that permitting a child to be a habitual sufferer is not an inherently dangerous felony. Synopsis of Rule of Law. The Supreme Court of Rhode Island holds that, for the purpose of determining whether a felony is inherently dangerous and therefore subject to the felony-murder rule, the fact finder sho ...
People v. Smith
Citation22 Ill.35 Cal.3d 798, 201 Cal.Rptr. 311, 678 P.2d 886 (1984) Brief Fact Summary. Defendant Smith beat her child who, as a result, went into respiratory arrest and died. Defendant was convicted of second degree murder, felony child abuse and child beating and appeals the felony-murder jury instruction given. Synopsis of Rule of Law. The merger doctrine bars the felony-murder rule in cases where the underlying felony is an integral part of the homicide, such as is the case with felony child abuse. ...
United States v. Fleming
Citation22 Ill.739 F.2d 945 (4th Cir. 1984) Brief Fact Summary. Defendant Fleming was charged and convicted of second-degree murder for killing someone while driving under the influence of alcohol. Defendant, on appeal, maintains that the facts are inadequate to establish the malice element of murder and that he therefore should only have been charged with manslaughter. Synopsis of Rule of Law. Malice can be established by evidence that Defendant acted recklessly; it does not require proof that the defendant acted with ill will. ...
Regina v. Serne
Citation16 Cox Crim. Cas. 311 (1887). View this case and other resources at: Brief Fact Summary. Co-defendants Leon Serne and John Henry Goldfinch were indicted for the murder of Serne’s sons, caused by a fire allegedly set by the willful acts of the co-defendants. Synopsis of Rule of Law. Any act that is known to be dangerous and likely to cause death, if done for the purpose of committing a felony which causes death, amounts to murder. ...
People v. Phillips
Citation22 Ill.64 Cal.2d 574, 51 Cal.Rptr. 225, 414 P.2d 353 (1966) Brief Fact Summary. The defendant is a chiropractor who was convicted of second degree felony-murder in connection with the death of one of his patients. The underlying felony was grand theft and the defendant appeals the felony-murder charge. Synopsis of Rule of Law. The strict liability of the felony-murder rule is limited to those felonies that are inherently dangerous. ...
Commonwealth v. Malone
Citation354 Pa. 177 Brief Fact Summary. Defendant Malone was convicted of murder for killing his friend while playing Russian roulette. Defendant argued that he did not intend to harm the victim and therefore the facts do not justify a conviction of murder. Synopsis of Rule of Law. Malice, the state of mind required for murder, is evidenced where an individual performs an uncalled for act in disregard of its likely harmful effects on another even where the harmful result is not intended. ...
State v. Williams
Citation22 Ill.4 Wn. App. 899, 484 P.2d 1162 (Ct. App. 1971) Brief Fact Summary. Defendants Walter and Bernice Williams were found guilty of manslaughter for negligently failing to supply their infant child with necessary medical attention, as a result of which the child died. The basis of the conviction was ordinary negligence. Synopsis of Rule of Law. Under the penal code of Washington, ordinary negligence is sufficient to support a manslaughter conviction. ...
People v. Casassa
Citation22 Ill.49 N.Y.2d 668, 427 N.Y.S.2d 769, 404 N.E.2d 1310 (1980) Brief Fact Summary. The defendant, Victor Casassa, brutally murdered his victim after she rejected him and was charged with second-degree murder. The sole issue presented at trial was whether the defendant had acted under the influence of extreme emotional disturbance, thereby warranting a reduction of the charge from second degree murder to manslaughter. Synopsis of Rule of Law. The reasonableness of extreme emotional disturbance must be determined from the point of view of a reasonable person in the ...
Commonwealth v. Welansky
Citation316 Mass. 380 Brief Fact Summary. Defendant Barnett Welansky owned and operated a nightclub in which a fire ensued and a number of people died. Defendant was charged and convicted with involuntary manslaughter based on overcrowding, installation of flammable decorations, absence of fire doors and failure to maintain proper methods to exit the building. The defendant appeals, arguing that he should not be held criminally liable under the circumstances. Synopsis of Rule of Law. Where there is a duty of care for the safety of invitees onto the premises of a business, there is a duty o ...
State v. Guthrie
Citation22 Ill.194 W. Va. 657, 461 S.E.2d 163 (1995) Brief Fact Summary. Defendant Guthrie was convicted of first-degree murder for stabbing his colleague upon becoming agitated by the colleague’s teasing. Defendant appeals the jury instruction on the ground that the term premeditated was equated with a mere intent to kill. Synopsis of Rule of Law. In order to establish premeditation and deliberation under the first-degree murder statute, there must be some evidence that Defendant considered and weighed his decision to kill. ...
Girouard v. State
Citation22 Ill.321 Md. 526, 583 A.2d 715 (1991) Brief Fact Summary. Defendant was convicted of second-degree murder for having ended a verbal domestic fight with his wife by stabbing her nineteen times. Defendant appeals, arguing that he was adequately provoked by his Wife’s words such that the provocation should mitigate the conviction to manslaughter. Synopsis of Rule of Law. Words alone are not adequate provocation to reduce a second- degree murder charge to voluntary manslaughter. ...
Maher v. People
Citation22 Ill.10 Mich. 212 (1862) Brief Fact Summary. Defendant Maher was charged for assault with the intent to murder after entering a saloon and shooting Patrick Hunt, who he claimed had allegedly had an adulterous intercourse with the defendant’s wife less than an hour before the incident. Evidence offered by Defendant that his wife had had intercourse with the victim was held inadmissible and Defendant appeals. Synopsis of Rule of Law. In determining whether the provocation is sufficient or reasonable, an objective standard should be used unless the person whose guilt is in que ...
Government of the Virgin Islands v. Scuito
Citation623 F.2d 869, 1980 U.S. App. 16286, 6 Fed. R. Evid. Serv. (Callaghan) 336; 17 V.I. 623. Brief Fact Summary. Defendant Scuito was convicted for forcible rape and appeals the trial Judge’s denial of his motion for a psychiatric examination of the complainant. Synopsis of Rule of Law. The purpose of Federal Rule of Evidence Rule 412, which excludes evidence of the prior sexual history of alleged rape victims, is to protect alleged victims from “degrading and embarrassing disclosure of intimate details of their private lives”. ...
Commonwealth v. Carroll
Citation22 Ill.412 Pa. 525, 194 A.2d 911 (1963) Brief Fact Summary. Defendant Carroll was found guilty of first degree murder and sentenced to life imprisonment for shooting and killing his wife after the two had violent argument. Defendant appealed, arguing that he was could not be found guilty of more than second-degree murder because the killing was not premeditated. Synopsis of Rule of Law. While premeditation is an element of first-degree murder, where a killing is willful, deliberate and intentional, no time is too short for the necessary premeditation to occur. ...