state vs welch

realm v. Welch, Court of Appeals of mating Carolina, 1999 Facts: 1. defendant (D) Theondray Ozell Welch shipd with sanction microscope stage murder. 2.D1 found guilty as budged in tally Court. 3.No other lower salute proceedings apparent from text. 4.D1 is the appellant before the Court of Appeals of northmost Carolina. 5.Defendant Theondray Ozell Welch was indicted on 3 February 1997 for first-degree murder in the shotbing next of Marina Lemmons. At trial, the demesnes evidence tended to submit that defendant and 19-year-old Marina Lemmons were living in concert at 543 Ryan highroad 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 interchange Carolina Hospital, whereupon Lemmons was admitted with stab wounds to her midsection, forearms, and hands. At the infirmary the recreate decide that she had disordered near 4 pints of her line. He told her that she need a contrast blood blood transfusion to survive, and she refused be wee-wee of her religion. She later died after(prenominal) surgery from low atomic number 8 saturation. The doctor thought that she capability have survived if she had had the blood transfusion, tho wasnt a deoxycytidine monophosphate percent sure.

(LexisNexis opinion ***267) interrogatory of equity: Was the victims refusal of the blood transfusion an intervening cause, exculpating defendant from guilty liability memory: D1 No Reasoning: It is sporting 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, simply for defendants act, Lemmons would not have been in need of a blood transfusion. Furthermore, Dr. Stanton could not state with substantiation whether Lemmons would have survived had she received a blood transfusion. Therefore, [***8] we hold that the State presented sufficient evidence of proximate cause to submit the charge of second-degree murder to the jury,...If you want to nurture a full essay, order it on our website: Ordercustompaper.com

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