University:
Liberty University
Course:
CJUS 400 | Criminal Law
Academic year:

2023
Views:

144

Pages:

1
Author:

Leilani Contreras

MAHER v. PEOPLE Supreme Court of Michigan (1862) Procedural History:  Trial court convicted D of assault with intent to murder Relevant Facts:      D followed complainant and D’s wife to the woods where they complainant and D’s wife had the sex Afterwards he followed complainant to a saloon D heard from a friend complainant and D’s wife had been in the woods the day before D approached complainant and shot him in the ear (complainant lived) Trial court denied D to admit into evidence his wife cheating on him ISSUE:   Whether the evidence was improperly denied by the trial court Whether the evidence would reduce the crime from murder to manslaughter and D’s conviction from assault with intent to murder to assault and battery PARTIES’ ARGUMENTS: Plaintiff:  Attempted murder Defendant:  Heat of passion DISPOSITION OF THE COURT: Reversed and remanded HOLDING:   Evidence was improperly excluded The admission of evidence may allow a jury to reduce from murder to manslaughter COURT’S REASONING:    Seeing wife and complainant going into woods and coming out of woods and hearing they had done it the day before provoked D A reasonable person may have the same feelings There was no cooling off period, D was in “hot pursuit” of complainant DISSENTING OPINION:   Provocation must occur in the presence of the person committing the crime in order to be a valid defense Cannot be provoked by past events

Maher v. People Criminal Law

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