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Criminal Law Keyed to LaFave
Mullaney v. Wilbur
Facts
Appellant was convicted of murder. The case against him rested on circumstantial evidence and his own pretrial statement. Appellant argued that in the heat of passion, he killed Victim because Victim had made homosexual advances toward him. Appellant appealed to the Maine Supreme Court arguing that he lacked malice aforethought and therefore he could only be convicted of manslaughter. Maine requires defendants to prove by a preponderance of the evidence that they acted in the heat of passion. Appellant argued that it was incumbent upon the State to prove the absence of the heat of passion.
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