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Warmke v. Commonwealth Case Brief

Summary of Warmke v. Commonwealth, Kentucky Ct. App. (1944)

Facts: Defendant gave birth and traveled by bus to Louisville, KY.  She then traveled to Cloverport KY.  Upon arriving in Cloverport, and with it raining outside, the store’s owner, Mr. Couch, lent her a coat to wrap the baby.  She inadvertently left her suitcase at the store.  When she returned for the suitcase and returned the coat Mr. Couch noticed that the baby wasn’t with her anymore.  The town marshal, accompanied by a Highway patrolman, learned of the baby’s absence and went to Mrs. Pate’s, who was a relative boarding the Def. After they questioning def, she stated that she accidentally dropped the baby over the edge of the train trestle.  The marshal and a Highway Patrolman then accompanied Def to the trestle.  There with a raging creek below the baby’s cap was found, but the baby never materialized.  Def later repudiated her confession.

Issue: Whether Corpus Delecti was sufficiently shown?

Holding: Yes.  Evidence apart from confession was sufficient.

Procedure: Jury returned verdict for manslaughter, intended to kill without malice(9 yrs).  Affirmed.

Rule: Person died, and that death was the result of the injury. The foundation or substance of the crime.

Ct. Rationale: Proof of the death of the baby was evidenced from the defendant’s testimony that she “dropped,” it, and that was done purposely, despite def’s statements that it was an accident.  Evidence was ample to justify the jury’s finding that death ensued. Motive was determined from her concealment of the illegitimacy of child and the concealment of the absence of the child itself.  She failed to notify anyone that she dropped the child, or even if dropped that it was done accidentally.She returned the coat, picked up her suitcase, but never notified Mrs. Pate, her relative.  These circumstances warrant jury finding that dropping a baby from trestle was purposely, not accidentally performed.  The order of proof is judicial discretion.  A def who testifies is just as competent to establish corpus delecti as any other witness.

PL A: Adequate proof of death apart from confession existed.

Def A: Corpus Delecti(Death; or that the Death from acts of accused) were not sufficiently shown.

Common Law application of manslaughter:

Lessor degree of risk of death and gross negligence, OR

Misdemeanor-manslaughter, OR

Omission to perform a legal duty.

UNLAWFUL KILLING ANOTHER

WITHOUT MALICE

EXPRESS OR IMPLIED




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