People v. McGee

Facts

McGee and Linck entered a club room and had two drinks at the bar and Linck proceeded to play cards at a table. McGee took Link’s place while Linck went to the bar. After Linck returned the two left, but Linck stated  he left $40 behind on the card table, so the two went back to the table and inquired about the $40. One player pointed at McGee, Link asked if he had it or played it, and it was understood by Linck that McGee was saying yes, so the two left the card room. Upon walking through the bar McGee without aiming or intending to shoot, shot the deceased. The deceased was brought to a hospital and later died. The autopsy surgeon opined that the bullet touched the deceased’s liver, went through the spleen and pancreas and stopped behind the upper pole of the left kidney; there was hemorrhage throughout the course of the wound and that the hemorrhage was the cause of death. The surgeon also stated that without medical treatment within the an hour to an an hour and half from when the deceased was shot would lead to the death of the deceased. It was also part of the evidence that the medical staff did not provide treatment until 12 hours after the gunshot wound was inflicted and 11 hours after the admission of the deceased.