United States v. Hamilton

182 F. Supp 548 (1960)

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Nature of the Case

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Facts

Hamilton (D) and Slye got into a fight. D caused severe damage to Slye by continuing to hit him even after Slye had fallen to the ground. While he was lying on the ground, D exploded in a fit of ungovernable rage and jumped on the face of the deceased and kicked him in the head as well. Slye was rushed to the hospital in a semi-comatose, and violent condition. A blood transfusion was given to the deceased, his airways were cleansed, and tubes inserted into his nasal passages and trachea in order to maintain the breathing process. It was necessary to restrain the patient by fastening leather handcuffs on him. The doctor saw the patient several times during the night. In addition, the registered nurse in charge of the ward in which the deceased was placed, saw him at least every half hour or every thirty-five minutes. A licensed practical nurse was constantly in attendance in that room. The restraints were removed to change bloody sheets and not put back, because, by that time, the patient was no longer violent and was resting better than when he arrived. Slye fell into convulsions and ripped out his tubes. He died of asphyxiation. D was charged with second-degree murder.