People v. Caruso

159 N.E. 390 (1927)

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Nature of the Case

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Facts

Caruso (D) had a boy who became ill with diphtheria. The boy was treated by Dr. Pendola, and it was diagnosed that the boy had diphtheria. D was told to buy some medicine. D claims the pharmacist told him that the dosage was too high for a child and that D had told the Dr. what the pharmacist said. The Dr. administered the medicine. D got another prescription with instructions for its usage. The Dr. said he would return the next day. The boy was in bad shape and D stayed with him hoping for the doctor to return. At 10 am he sent for an ambulance from the drug store, but the child died. The Dr. arrived after the death and D told him that the boy had been dead for some time. D testified at trial that the doctor laughed at the news and then D lost his head and attacked the Dr. in anger, took a knife, stabbed him twice in the throat and killed him. D had accused the Dr. of killing the boy by an overdose. Testimony at trial indicated that the dosage given was correct. The issue at trial was whether there was premeditation and deliberation on the part of D prior to the killing. D was convicted and appealed.