People v. Flenon

42 Mich. App. 457 (1972)

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Nature of the Case

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Facts

D left a house in Detroit carrying a shotgun for the avowed purpose of 'getting back' at an unidentified person. D left a house in Detroit carrying a shotgun for the avowed purpose of 'getting back' at an unidentified person. Carl's right leg was amputated high above the knee because of the severity of the wound. Five weeks later, Carl was released from the hospital and returned home. A short time later, Carl was readmitted to the hospital where he died. The cause of death was serum hepatitis and pneumonia. D was indicted for first-degree murder. D claimed that serum hepatitis constituted an independent intervening cause suspending his liability. P's expert witness discussed the disease of serum hepatitis and opined that Carl contracted this disease from the blood transfusion received during the operation to amputate his leg. After receiving a total of 11 pints of blood during medical treatment, there was a 100% possibility of exposure to the disease after receipt of six pints of blood. The incidence of death after such exposure is .01% to 3%. D was convicted and appealed.