D had abused his 8-year-old son over a significant period of time. One night, D hit his son 4 times, twice on the back and twice in the stomach.
Days later, D found his son dead. The autopsy showed that the child was very malnourished and had recent as well as old bruises and broken bones.
The death resulted from an abdominal hemorrhage caused by blunt force trauma from a fist.
Procedural History:
Trial court found D guilty of first-degree murder.
AR Supreme Court modified and affirmed, found D guilty of second-degree murder.
Issues:
What is required for a person to be convicted of first-degree murder?
Holding/Rule:
In order to be convicted of first-degree murder, substantial evidence must be shown to prove that the killing was premeditated and deliberate.
Reasoning:
There are two ways to interpret D's intent.
D only intended to further abuse his son.
D intended to kill his son, but his decision was made in a drunken rage while disciplining the child.
Neither supports a finding of premeditation or deliberation.
There is sufficient evidence for a second-degree murder charge since D caused his son's death by delivering a blow with the purpose of causing serious physical injury.
Dissent:
This is a jury matter; D starved, beat, and choked his son.
There was sufficient evidence for first-degree murder.
Notes:
Several states have created statutes allowing child abusers to be found guilty of first-degree murder even without premeditation and deliberation (including AR).
