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Defendant asserts that no evidence was presented at trial supporting these circumstances, and that the instructions were unsupported by facts presented by a reasonable view of the evidence. These included assault on a female with intent to commit rape in , assault on a female in , assault on a female in , escape and larceny of an automobile in , misdemeanor larceny in , driving while license revoked in , , and , driving while under the influence in and , driving with no operator's license in , and assault with a deadly weapon in Sometime later, Mrs. When I drug Joanne over to where she was found, I asked her if she was going to give me a little bit. In ruling on a motion to dismiss, both the trial court and the reviewing court must consider the evidence in the light most favorable to the state, and the state is entitled to every reasonable inference to be drawn from the evidence. Moore, N. The contents of the letter were not admitted into evidence. I grabbed Joanne by the arm and told her to let's go over there near the barn, on the right side of the road, and sit down and talk. Graves, Associate Atty. Witherspoon v. This letter, a statement theoretically tending to expose its anonymous declarant to criminal liability, is not admissible unless corroborating circumstances clearly indicate its trustworthiness. Your users want to look at other items in the same category. Without knowledge of the identity of the declarant, the statement does not subject declarant to criminal liability. If these acts of brutality were not enough circumstantially tending to prove a premeditated and deliberate killing, then defendant's callous and calculating acts of scattering dirt and leaves on Joann's body, of hiding Joann's jeans, and of going home to bed rather than seeking medical assistance, surely do. While defendant went to find fuel and made up the fire, the other man left.
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I walked down the dirt road after that, towards Joanne's house. In ruling on a motion to dismiss, both the trial court and the reviewing court must consider the evidence in the light most favorable to the state, and the state is entitled to every reasonable inference to be drawn from the evidence.
These are absent. In the case of murder in the first degree based upon premeditation and deliberation, there must be substantial evidence before the jury from which it could determine that the defendant killed his victim with malice, premeditation, and deliberation. I asked Joanne who he was and she told me it weren't none of my business.