State v. Myers

81 A.2d 710 (1951)

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 and his wife (W) were married in 1946. D was 22 years of age and W 16. Their married life was stormy and controversial, with frequent violent quarrels and separations followed by reconciliations. W had left D five days before when D saw W going to a tavern with two men. D got upset and called her outside. They walked down the street and before W could explain where she had been, D 'hit her in the face with my open right hand.' W ran, and D chased her. D hit her a number of times. W broke away wanting to explain, but D caught her again and proceeded to pummel her. W escaped again, and D caught her and hit her even more times. D then grabbed her and told her to jump into the river. She refused and began to talk to D, but D became enraged and hit her again and again. D then threatened to push her into the river if she did not jump. This was repeated a number of times. She eventually dropped into the river screaming and crying for rescue while being carried away and D just stood there and watched. D told others that he made his wife jump overboard. D fled to Winchester, Virginia. D then surrendered to the police that evening. D was charged with first-degree murder. P proceeded on the theory that the W's jumping into the river was caused by D's assaults and threats of physical violence, constituting well-grounded fear and apprehension on her part and that the death amounted to a willful, deliberate and premeditated killing. D moved for judgment at the close of the State's case on the contention that there was no evidence of an intent to kill the deceased. D was convicted of first-degree murder and appealed.