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Criminal Law Keyed to Lee
Commonwealth v. Carr
Citation:
398 Pa.Super. 306, 580 A.2d 1362 (1990)Facts
Claudia Brenner and Rebecca Wight, a lesbian couple, were out hiking and stopped at the campsite for the night. While they were engaging in sexual intercourse, Brenner was shot in the right arm. After a short pause, more shots were fired and Brenner was struck four additional times. Wright ran for cover and was shot in the head and back. Wright died from her injuries.
Stephen Carr was arrested and taken into custody, wherein he made incriminating statements. He was subsequently found guilty of murder.
At trial, Carr defended himself by stating that he shot Brenner and Wight in the heat of passion caused by serious provocation from their homosexual acts. In order to support this defense, he showed a history of constant rejection by women, including his mother who may have been involved in a lesbian relationship. This was relevant, he contended, to show that he was impassioned when provoked by the women. The trial court refused to allow evidence of Carr’s history.
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Topic Resources
Topic Outline
Elements of a CrimeTopic Refresher Course
Conspiracy; Introduction to Homicide and Murder Part 1