State v. Thompson

578 So.2d 1151 (1991)

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Nature of the Case

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Facts

D climbed through a window and entered the rectory of the Sacred Heart Church. He found a cigar box containing approximately $550 cash. D was leaving when Father William O'Brien, confronted him. The victim grabbed D, and a struggle took place. D threw the victim against the wall and beat him with his right fist. Even after the victim fell to the floor, D struck him twice with his fists before fleeing out the back door. The Father bleed to death as a result of severe lacerations to his face. His body was discovered a short time later. D was stopped and arrested for several traffic violations. When the authorities learned of the victim's murder that morning, they immediately suspected D. D made a videotaped confession to the murder. At trial, it was shown that the Father bled to death as the result of 'multiple traumatic injuries with extensive facial lacerations.' They were consistent with injuries which could have been caused by an iron rod wrapped in duct tape which had been seized from D's truck. This iron rod was fourteen inches long, one inch in diameter, and weighed approximately three pounds. D countered with evidence that if the rod had been used they would have expected more tissue to be found on this weapon. There was only a small amount of blood and no human tissue on the iron rod. D testified that he threw the victim against the wall and struck him several times with his right fist in order to free himself from the victim's grasp. D testified that he did not intend to kill the victim. The victim was still breathing when he fled through the back door. D was convicted of first-degree murder and appealed contending the evidence was insufficient to support his conviction.