State v. Fugate

303 N.E.2d 313 (1973)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D entered Garage with a loaded sixteen-gauge shotgun. His intent was to rob the owner of the garage, Sylvester Leingang. D struck him on two different occasions with the barrel of the shotgun, causing severe head wounds. D ordered Leingang, into the basement of the garage where he shot and killed him. D was 19 years of age, weighed approximately 175, and was over 6 feet tall. The decedent was 66 years of age. The fatal wound extended laterally from the left rear toward the right front of the body of Leingang. D was convicted of first-degree murder and appealed. D claims in part that P did not prove that the killing was done 'purposely.'