Green v. State

470 S.E.2d 884 (1996)

Facts

Green (D) stabbed his wife, Cynthia Grant who then later died of a stress ulcer in the hospital a week after D stabbed her. Evidence adduced indicated that D was hit by his eldest daughter on the head with a mop and then Grant threw an empty barbecue bottle at D, and then D stabbed Grant in the back with a knife. Grant died suddenly a week later after being approved for release from the hospital. There was conflicting expert testimony at trial concerning whether the stab wound or the drug Toradol caused the stress ulcer. The state's pathologist testified that there was a direct relationship between the stabbing and its treatment and Grant's death from the bleeding ulcer. The stab wound caused the stress and Grant would not have been given the painkiller Toradol if she had not been stabbed. D's defense was that he did not stab his wife and that the stab wound did not cause her death. His expert testified that Grant died from the ulcer inspired by Toradol. D was convicted and appealed.