Midgett v. State
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|Midgett v. State
|Supreme Court of Arkansas
|292 Ark. 278
729 S.W.2d 410
The defendant abused his eight year old son repeatedly and eventually punched him so hard in the stomach that he died. He was charged with first degree murder
Whether the evidence was substantial enough that a jury could find that the defendant premeditated and deliberately caused the death of another person, which is necessary to establish first degree murder.
When there is no evidence to establish premeditated or deliberately, the jury cannot find the defendant guilty of first degree murder unless the statute language allows exceptions.
Dissent:It is for the jury to decide what degree of murder.