Criminal Law Keyed to Kadish
Commonwealth v. Carroll
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
Defendant married a woman who later suffered from a schizoid personality type, complained of nervousness and was violent in disciplining their children. Upon his wife’s suggestion and request, Defendant placed a loaded pistol on the windowsill near their bed so that his wife would feel safe while he was out of town. When he returned from his trip, a violent fight ensued and continued for several hours. Defendant remembered the gun on the windowsill over his head, and according to his own testimony, he “reached up and grabbed the pistol and brought it down and shot her [his wife] twice in the back of the head.” He testified that he was not sure whether he felt is had move toward the gun and that the only thing he could remember from that point on is after the shots. “All I remember hearing was two shots and feeling myself go cold all of the sudden.” Defendant pleaded guilty to the indictment charging him with murder and he was subsequently tried without a jury and found guilty of first degree murder. The Defendant appeals, arguing that there was no premeditation and therefore the killing did not constitute first-degree murder.
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