State v. Jenkins

277 S.E.2d 147 (1981)

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Nature of the Case

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Facts

The victim identified D as the assailant before being rushed to a hospital for treatment of serious wounds to the neck and arms. The victim lost substantial amounts of blood and was in a state of shock. To determine the extent of injuries to the victim's major blood vessels, an arteriogram was performed. This is a common procedure. The victim suffered a rare, fatal reaction to the dye used in the procedure. The immediate cause of death was the reaction to the dye, that she probably would have survived absent the reaction, but that she probably would not have survived without medical treatment. The judge instructed on murder, manslaughter, and not guilty. The jury was told that there must be a causal relationship between D's act and the death of the deceased before criminal liability may be imposed. The jury found D guilty of murder. D appealed.