State v. Guthrie

461 S.E.2d 163 (1995)

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

It is undisputed that D removed a knife from his pocket and stabbed a co-worker in the neck and killed him. Both D and the victim had been working as dishwashers and did not get along well. On the night of the killing, the victim was poking fun at D who appeared to be in a bad mood. The victim snapped a towel at D a number of times and had no idea that he was upsetting D. The dish towel eventually hit D on the nose and he became enraged. D then removed his gloves and came at the victim who made more fun of him, then D pulled a knife from his pocket and stabbed the victim in the neck and also in the arm. It is undisputed that D suffers from a host of psychiatric problems and has numerous panic attacks each day, suffers from chronic depression, an obsession with his nose and borderline personality disorder. D testified that he suffered a panic attack immediately preceding the stabbing. D was convicted and appealed based on improper jury instruction on murder because the terms willful, deliberate, and premeditated were equated with a mere intent to kill. The jury was instructed that in order to find the defendant guilty of murder it had to find five elements beyond a reasonable doubt: 'The Court further instructs the jury that murder in the first degree is when one person kills another person unlawfully, willfully, maliciously, deliberately and premeditatedly.' 'The Court instructs the jury that to constitute a willful, deliberate and premeditated killing, it is not necessary that the intention to kill should exist for any particular length of time prior to the actual killing; it is only necessary that such intention should have come into existence for the first time at the time of such killing, or at any time previously.' The Court instructs the jury that in order to constitute a 'premeditated' murder an intent to kill need exist only for an instant.' 'The Court instructs the jury that what is meant by the language willful, deliberate and premeditated is that the killing be intentional.'