Midgett v. State
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| Midgett v. State | |
| Court | Supreme Court of Arkansas |
|---|---|
| Citation | 292 Ark. 278 729 S.W.2d 410 |
| Date decided | 1987 |
Facts
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
Issues
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.
Holding
Judgment reversed.
Rule
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.
Comments
Dissent:
It is for the jury to decide what degree of murder.
