Stephenson v. State

205 Ind. 141, 179 N.E. 633 (1932)

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Nature of the Case

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Facts

Stephenson (D) had dated Oberholtzer before, but on this incident, D and three others got her drunk and wanted her to go to Chicago with them. While driving her to the train, D refused to let her go. While in the train compartment, D undressed her and repeatedly assaulted, bit and attempted to rape her. The assault was so severe that she had been bitten just about everywhere and many of the bites were bleeding. When they got off the train, D allowed her to go shopping with D’s chauffeur. She purchased some bichloride of mercury to kill herself in order to save her mother from disgrace. Oberholtzer then poisoned herself and refused D's offer to take her to a hospital. D decided to take her home and Oberholtzer became violently sick and screamed for medical assistance, but D did nothing to alleviate her suffering during the long trip home. Oberholtzer then received medical assistance and her wounds healed, but she died 10 days later and four weeks from the initial assault. A doctor ascribed death to shock, loss of food, loss of rest, the effect of the poison, lack of early treatment, and the general impact of what happened. D was convicted of second-degree murder. D appealed. D claims that Oberholtzer left the hotel after the abduction and bought a hat and the poison and voluntarily returned to the adjoining rooms. Oberholtzer then committed suicide by taking the poison and therefore there was no proximate causation from his acts as they relate to her death.