State v. Fugate
Court of Appeals of Ohio
303 N.E.2d 313 (1973)
Relevant factsFree
Herbert Fugate (defendant), 19, entered a parking garage with a loaded shotgun intending to rob its 66-year-old owner, Sylvester Leingang. Fugate struck Leingang twice in the head with the shotgun barrel, causing severe wounds, ordered him into the basement, and shot and killed him there. Fugate was convicted of armed robbery and first-degree murder and appealed, arguing insufficient evidence that he intended to kill Leingang.
IssueFree
Whether a defendant's intent to kill may be presumed when the natural and probable consequence of his wrongful act is to cause death.