Morelock v. State

460 S.W.2d 861 (1970)

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Nature of the Case

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Facts

D and the deceased, 17-year-old Barbara Sue Compton Davidson, were proceeding along a highway in an automobile. She was driving and he was sitting beside her. Following them, Patrolmen Light and Buck observed D drinking a can of beer talking to the deceased, and shaking his finger in her face. D threw the partially-empty beer can out of the car. Light signaled the driver to pull over and stop and the deceased did so, giving a proper signal with her left hand. As the officers were getting out of the patrol car, and while the deceased still had her left arm extended from the vehicle, a shot was heard, Barbara screamed and D was pointing a revolver at her head. D then grabbed her by the hair, pulled her over toward him, and continued shooting. He shot her four times, once in the base of the neck on the right side and three times in the chest. Barbara died in a hospital shortly thereafter. D emerged from the car and started across a small field or vacant area adjoining the highway, pinning the officers down by shooting at them as he ran. D stopped a short distance away. D returned to his car, raised Barbara's head up by her hair looked at her, and then fired one shot into his own chest. Asked immediately why he shot the girl, he said it was because he loved her. D said Barbara decided not to go back home with D and that she was going back home and shoot and kill herself. D claimed the first shot was accidental. That he continued to shoot Barbara, he said that he didn't know what happened to him or what made him do it. D said he intended to kill the two patrolmen, that he aimed at his heart but missed his aim when he shot himself and did so because he didn't want to live and 'just wanted to die.' D was convicted of first-degree murder. D appealed. D claimed he acted without malice.