ruling that the jury could reasonably infer, from the collective impact of the circumstantial evidence, that the defendant was guilty of second degree murder
How later courts described this case
- ruling that the jury could reasonably infer, from the collective impact of the circumstantial evidence, that the defendant was guilty of second degree murder
- jury may reasonably infer from the concealment of a victim’s body that the victim was killed intentionally under circumstances that were not justifiable or excusable
Written by the judges who cited it.
The opinion
ON MOTION FOR REHEARING
PER CURIAM:
Appellant’s motion for rehearing is overruled.
The Court emphasizes that where conventional murder instructions are supported by the pleadings and evidence and are given, there must be an automatic submission of manslaughter. This requirement has been in effect since March 1, 1975 (see Notes on Use, MAI-CR 6.02). This case was tried prior to March 1, 1975.