People v. Morrin

187 N.W.2d 434 (1971)

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Nature of the Case

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Facts

D killed William Abell, a 53-year-old unmarried male. Abell died from some combination of eight blows to the head inflicted by D with a large pair of tongs. D testified that after eating breakfast he went to a union hall in nearby Toledo, Ohio, to talk to the union's business agent. Finding that the agent was not there, he stopped at a nearby bar and drank seven or eight glasses of beer before 1 p.m., when he learned the agent was gone for the day. D was approached by Abell, a complete stranger. Abell asked for a ride to Erie, Michigan, which was near D's home. D and Abell left together. Abell asked to be taken to a specific location. D agreed and proceeded at Abell's direction to traverse a number of quite remote, unpaved roads. The car became mired in a mudhole. Abell alighted to push while D attempted to extricate the vehicle by rocking the wheels. Their joint efforts succeeded, and the car was freed, whereupon Abell re-entered the car. D testified, Abell pulled out a knife. Grabbing D by the hair, he held the knife to his throat. D offered to let Abell have all the money in his possession. Abell said that D would first have to commit an oral sexual act upon him. They slid out of the car, whereupon D was forced to assume a kneeling position, facing Abell. Abell directed D to remove his (Abell's) trousers, but when D did not move Abell partially removed them himself. Abell then commanded D to commit the sexual act. When D still did not move, Abell grasped him by the back of the head to pull him forward. D testified that he then struck Abell in the testicles. Rising to his feet, D started to flee before he saw Abell advancing on him with the knife. D grabbed a large pair of tongs from the back seat of the car. The two men exchanged blows. As D swung the tongs, they entered Abell's rectum. Abell fell forward slightly and D struck him several more times with the tongs. When Abell fell to the ground, D seized Abell's knife and threw it away. (The knife was not found.) D then ran to his car and drove away. He drove straight home, stopping once at a gasoline station. He told the attendant that he had been in a scuffle. D and his sister drove back to the place of the fight to see whether Abell was alive. The sister drove. D got out of the car and found that Abell was, indeed, dead. They then returned home. The prosecution introduced numerous photographs taken at the scene. Morrin produced two character witnesses. The prosecutor repeatedly emphasized the bizarre rectal wound suffered by Abell; he claimed that the wound was inflicted after Abell was already dead. The jury was instructed on the elements of first-degree murder, second-degree murder, and manslaughter, as well as self-defense. D was found guilty of first-degree murder and appealed.