 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
North Carolina v. Thomas11/19/1992
getting sticky, so I pulled my hand out and saw blood on it. I turned the light on and saw blood on her and on the bed.
The sequence of events outlined above, in addition to the circumstances necessary to infer premeditation and deliberation as set out in our Discussion of defendant's third assignment of error above, clearly show that the State has met its burden of proving each and every element of first-degree premeditated and deliberated murder. The statement by defendant raises no question as to premeditation and deliberation. Defendant has presented no evidence to negate any of these elements. It is clear that defendant's intent to kill the victim could have developed at any time prior to the beating, during the beating, or after the beating. Even assuming that defendant had not formed an intent to kill at the time the assault began, no rational juror could have reasonably found that defendant, having beaten the victim into submission and having inserted his hand past his wrist into the victim's vagina at least twice, pulling out the victim's organs, did not act with premeditation
and deliberation when he later dragged her 120 feet into the woods, leaving her helpless and bleeding to death. We conclude that the evidence showing that the offense was committed over such a long period of time, with so many conscious decisions by the defendant, clearly supports the trial court's finding that the defendant possessed the requisite premeditation and deliberation.
Defendant further relies on the fact that the jury found that he was under the influence of a mental or emotional disturbance and that his capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was impaired. Although the jury found these mitigating circumstances, no evidence exists that the defendant's emotions overcame his reason. After the brutal beating and sexual assault, defendant dragged the victim 120 feet into the woods to avoid her discovery. In defendant's own statement, he admits that the victim was conscious while he was dragging her deep into the woods, and in fact, the victim was begging the defendant to leave her alone and let her die. Defendant then cleaned up his truck, resumed his delivery route, and slept before his next delivery.
The State established all of the elements of first-degree murder, including premeditation and deliberation, and defendant did not produce any evidence sufficient to negate these elements. The trial Judge properly excluded from jury consideration the possibility of second-degree murder because the evidence presented at trial did not raise a genuine issue as to whether the defendant acted with premeditation and deliberation in the killing.
We find defendant's fifth assignment of error, that the trial court erred in instructing the jury that it could infer premeditation and deliberation from lack of provocation by the victim, to be without merit.
In the case sub judice, the trial Judge instructed the jury that it could infer the first-degree murder elements of premeditation and deliberation from the following circumstances:
Neither premeditation nor deliberation is usually susceptible of direct proof. They may be proved by proof of circumstances from which they may be inferred, such as the lack of provocation by the victim or conduct of the defendant before, during and after the killing, or by the use of grossly excessive force or brutal or vicious circumstances of the killing,
or by the manner in which or means by which the killing was done.
(Emphasis added.) Defendant argues that this instruction was erroneous because (1) the instruction i
Page 1 2 3 4 5 6 7 8 9 10 11 12 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|