Criminal Law Keyed to Dressler
Oxendine v. State
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
On the date in question, the Defendant’s girlfriend, Leotha Tyree, pushed the victim in the bathtub causing microscopic tears in his intestines, which led to peritonitis. The victim later complained of stomach pains, and upon seeing bruises on him, the Defendant knew that Tyree had beaten him. The next morning, the Defendant went into the victim’s bedroom and began shouting at him to get up. A neighbor reported hearing obscenities uttered by a male voice, sounds of blows being struck, and a child saying, “Please stop, Daddy, it hurts.” After hearing the sounds for five to ten minutes, the witness heard a final noise consisting of a loud thump as if someone had been kicked or punched “with a great blow.” The victim’s abdomen became swollen, and Tyree told the Defendant of the victim’s condition and urged the Defendant to take him to a hospital. The Defendant, believing the victim to be exaggerating, went out to buy a newspaper and returned home to read it. When he returned, Tyr ee was preparing to take the victim to the hospital. The victim stopped breathing en route and was pronounced dead shortly after arriving at the hospital. A jury convicted both the Defendant and Tyree of manslaughter.
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