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Criminal Law keyed to Dripps
Green v. State
Facts
During an argument between Bernard William Green (Defendant) and his wife, Cynthia Grant, one of Grant’s teenage children hit Defendant on the head with a mop. Grant then threw an empty barbeque bottle at Defendant. Shortly thereafter, Defendant stabbed Grant in the back with a knife. After being approved to leave the hospital a week later, Grant suddenly died of a stress ulcer. Defendant was charged with felony murder. At trial, there was conflicting expert testimony regarding whether the stab wound or the painkilling drug Toradol caused the stress ulcer resulting in Grant’s death. The state’s pathologist testified that there was a direct relationship between the stabbing and its treatment and Grant’s death from the bleeding ulcer. The pathologist concluded that the stab wound caused the stress and that Grant would not have been given the Toradol if she had not been stabbed. Defendant’s expert witness testified that it was the ulcer alone which caused Grant’s death. Grant was convicted of felony murder and he appealed.
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