State v. Porter

128 P.3d 908 (2005)

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Nature of the Case

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Facts

A conflict erupted between D and Flett outside the bar at approximately 2:00 a.m. D punched Flett, who fell. D hit him two or three more times in the face as Flett lay on the ground. Flett suffered extensive injuries to his face and head, including brain damage likely caused by his head hitting the pavement after he was knocked unconscious. He died from the injuries. P conceded that the evidence did not support a finding of intent to kill, but argued that the evidence did show malice aforethought which supported the charge of second-degree murder. The magistrate judge bound D over for trial on the second-degree murder. D moved to dismiss the charge or for it to be reduced from second-degree murder to involuntary manslaughter. The district court reduced the charge to voluntary manslaughter, concluding that the intent to kill was an essential element for second-degree murder but not for voluntary manslaughter. Both parties appealed the court reinstated the second-degree murder charge. D appealed. D contends that the intent to kill is an element of second-degree murder, and therefore, a charge of second-degree murder is inappropriate since there was insufficient evidence to show Porter had the intent to kill Flett.