CB State v. Johnson - st degree murder. Issue: Broad...

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State v. Johnson 344 S.E.2d 775 (N.C. 1986) Fact: Procedural Facts: Operative Facts: The defendant and his wife was split up, he had custody of his two children, Christopher and Joyce. After an argument with his split up wife, he had mentioned that he would rather have his kids in hell then leave them with the wife. In the month of June, his son got sick with Organophosphate poisoning. Doctors quickly treated it. Joyce than got sick, and was diagnosed with urinary tract infection. The doctor proscribed a dark orange medicine. Christopher said he say his dad feed Joyce a white bug-spray smelling liquid. The dad quickly went to fill up gas, and left Christopher in charge, and he watched his sister fall extremely ill in front of him. Once the dad came home, the son notified him, and they took her to the hospital where the poison eventually killed her 3 days later. Dad was charged with 1
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Unformatted text preview: st degree murder. Issue: Broad Question: Narrow Question: Does the state have to prove that he intended to kill his daughter? Rule: First degree murder by poison, jury needs to find that it was intentional poisoned, with malice, and that the poison was the proxy cause of death to the victim. Rational: Intent is not needed in the category of first-degree murder of poison, lying in wait, imprisonment, starving, or torture because they already have a premeditated background to them. Holding: No, state does not have to prove he intended to kill his daughter because that intent already included with poisoning. Synthesis: No need for intent to kill for it to be malious. Also, if there was a case for intent to kill, we can also talk about intent to kill and intent for great bodily injury. Dissent/Concurrences:...
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This note was uploaded on 10/18/2011 for the course CRIM LAW 110 taught by Professor Wade during the Spring '11 term at California Western School of Law.

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