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Criminal Law Keyed to Kennedy
Watson v. U.S.
Citation:
501 A.2d 791 (1985)Facts
Viewing the evidence most favorably to the government, the evidence showed that two officers saw a stolen car pull into a parking lot and they ordered the driver to stop by shouting. The defendant jumped out, looked at the officers, and ran toward an apartment complex. Officer Lunning, with his gun drawn, pursued. The defendant ran to the open door of the Davis’ apartment. Three young girls, ages approximately 14, 13 and 9, were sitting at a table doing their homework. He asked to use the telephone, and after dialing, he asked the responding party “[Are] they still out there?” He sat down at the table, where the girls were sitting, and held his head in his hands.
Officer Lunning entered the open door of the apartment holding his gun in front of him. The defendant grabbed the officer in a bear hug around the waist. Eventually the two men fell over a table. The officer said “it wasn’t worth it.” The defendant got control of the gun. He proceeded to hold the gun to the officer’s chest. The officer repeated that “it wasn’t worth it.” The officer was shot and died.
He was convicted of first degree murder. He appealed, arguing that there was insufficient evidence of premeditation and deliberation.
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