state vs welch

realm v. Welch, Court of Appeals of North Carolina, 1999 Facts: 1. defendant (D) Theondray Ozell Welch shipd with sanction power point reach. 2.D1 found guilty as charged in run Court. 3.No other lower court proceedings apparent from text. 4.D1 is the plaintiff in error before the Court of Appeals of North Carolina. 5.Defendant Theondray Ozell Welch was indicted on 3 February 1997 for first-degree murder in the shotbing close of Marina Lemmons. At trial, the States evidence tended to exhibition that defendant and 19-year-old Marina Lemmons were living in concert at 543 Ryan driveway in Sanford, North Carolina. At rough 6:34 p.m. on the evening of 17 declination 1996, defendant and Lemmons arrived at the emergency room of Central Carolina Hospital, whereupon Lemmons was admitted with stab wounds to her midsection, forearms, and hands. At the infirmary the recreate decide that she had lost near 4 pints of her blood. He told her that she pauperisat ion a blood transfusion to survive, and she refused because of her religion. She later died by and by surgery from low oxygen saturation. The doctor thought that she magnate induct survived if she had had the blood transfusion, but wasnt a carbon percent sure.

(LexisNexis opinion ***267) Question of equity: Was the victims refusal of the blood transfusion an intervening cause, exculpating defendant from criminal liability memory: D1 No Reasoning: It is clear from the evidence that Lemmons act in declining a blood transfusion was not the sole cause of death. Id. Indeed, every(prenominal) of Lemmons injuries resulted from the stabbing inflicted by defendant. Thus, b ut for defendants act, Lemmons would not hav! e been in need of a blood transfusion. Furthermore, Dr. Stanton could not state with proof whether Lemmons would have survived had she received a blood transfusion. Therefore, [***8] we hold that the State presented ample evidence of proximate cause to submit the charge of second-degree murder to the jury,...If you want to get a full essay, enjoin it on our website: OrderEssay.net

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