Pendry v. State

367 A.2d 627 (1976)

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Nature of the Case

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Facts

Faulkner was shot and killed by Timothy (D) following an argument between Faulkner and Ds concerning Ds' sister, who had lived a stormy relationship with Faulkner, and was being held by Faulkner in her trailer against her will. Ds went to the sister's trailer, and after talking with her, Ds ordered Faulkner to leave the trailer. Faulkner refused and picked up a whiskey bottle, threatening to kill them. Timothy (D) left the trailer, returned with a shotgun, and fired the three shots which killed Faulkner. At trial, Timothy (D) presented credible evidence of extreme emotional distress at the time of the shooting. Psychiatric testimony was introduced as to Timothy's (D) emotional state at the time of the homicide, but not as to Kenneth's (D). Both were convicted of first-degree murder and both appealed.