Shuck v. State

349 A.2d 378 (1975)

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Nature of the Case

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Facts

The court accepted on appeal the facts most favorable to D. D and his companion, John Jackman, were two young men and co-workers who had been visiting a bar and a party and consuming a number of beers from the early evening of June 28 through approximately midnight. At shortly after midnight, Jackman was driving his Corvette sports car. D was a passenger in the car and they were both returning to a bar to pick up D's girlfriend, who worked there. As they stopped for a light, a GTO sports car pulled up beside them. When the light turned green, the GTO pulled off suddenly, spinning its wheels and throwing up gravel. Interpreting this as an invitation to a race, Jackman and the appellant took off in pursuit. It was at that point that George Parker, a 48-year-old man, was returning home in his pickup truck from his evening of drinking at his bar. The pickup truck pulled onto the highway and ended up between the GTO and the pursuing Corvette. The GTO pulled onto a side road. The GTO pulled onto a side road. The Corvette, occupied by D and his companion, pulled off after it, cutting off in the process but not hitting the pickup truck driven by Parker. Parker hit his head on the windshield and became angry. Rather than let the matter rest, Parker then took off in pursuit. The GTO stopped in a small court with a single entrance. Buddy Voelker, alighted. D and his companion, who were strangers to Voelker, pulled to a stop behind the GTO. Voelker and Jackman began a friendly conversation. At that moment, Parker arrived in his pickup truck, still red with anger. Parker approached the Corvette, in which the D and Jackman were still seated. Parker ordered Jackman out of the car. He shouted several obscenities. Parker reached into the car and hit Jackman at least once in the face with his fist. Jackman got out of his vehicle. Jackman and D attempted to get back in Jackman's car and leave the area. Parker, with Voelker trying to restrain him, shouted several obscenities at them and they stopped the car and got out. Parker and Jackman were struggling with each other when Voelker leaped onto both of them, knocking everyone to the ground in the process. D attempted to pull Voelker from the pile. At that point, Voelker turned to D and ultimately was on his back, gripping him about the shoulders. D stated that Voelker hit him several times. At this point, ran and got the bat from his companion's automobile and swung at least twice. One blow hit Parker, injuring him slightly. The other hit Voelker in the head and ultimately resulted in his death. The brawl or scuffle which was taking place was non-deadly in character. All four persons involved were in some state of inebriation. There had been angry words. D and his companion were good-sized and healthy men who were by no means outclassed physically. There had been several blows struck with fists and D's companion had been wrestled to the ground. It was at this point that D himself escalated the combat to the deadly level by going to his companion's automobile, taking out a baseball bat, and introducing that weapon into the fray. The factual versions of what occurred in the confused and angry medley that took place on the morning of June 29, 1974, varied significantly in terms of who was the aggressor at various stages of the fight, who entered into the fight mutually and wilfully, and who was simply defending in an effort to extricate himself from a difficult situation. D was convicted of murder in the second degree and assault with intent to murder.