CB Oxendine v. State - later that evening, was the lack of...

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Oxendine v. State 528 A.2d 870 (1987) Fact: Procedural Facts: Operative Facts: Oxendine girlfriend (Tyree) pushed Jeffrey into the bathtub which caused microscopic tears in his intestines which led to peritonitis. When Oxendine returned home that evening from work, he saw bruises on Jeffrey and knew Tyree had beaten the child during the day. Next morning Oxendine came into Jeffery’s bedroom screaming at him to get up, and neighbors testified sounds of a beating happening, with obscenities uttered by a male boive and cries from a child saying “Please stop, Daddy, it hurts.” Later that evening, Jeffery’s abdomen became swollen and he stopped breathing En route to the hospital. He was pronounced dead shortly after his arrival. Issue: Because Jeffery died after two beatings from different people, and died not right away, but
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Unformatted text preview: later that evening, was the lack of causation evidence enough to acquit Oxendine of Manslaughter? Rule: Causation, if the defendant injuries on the victim caused him to die ANY sooner, then the defendant would be deemed to have cause the death. Rational: A doctors opinion that a certain thing is possible is no evidence at all. The state did not have enough evidence to support their theories of causation through acceleration for the juries. Holding: The lack of evidence did acquit Oxendine of Manslaughter, but was still sufficient for the charges of assault of the second degree. The evidence of doctors testimonies, only held possibilities, which is not solid evidence to convict someone of manslaughter. Synthesis: Dissent/Concurrences:...
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