State v. Smith

Appellant was convicted of murder and assault and battery with intent to kill (ABIK) 1 and sentenced to life and ten years’ imprisonment, respectively. He appeals.

FACTS

Shortly before midnight on October 14, 1996, appellant shot and killed his six-week-old daughter, Fuschia, while she was being held by his wife, the infant’s mother, Tammy. The bullet entered Fuschia’s chest, exited through her back, and lodged in Tammy’s clavicle. Appellant claimed the shooting was an accident.

A neighbor testified, while at home with the television on, he heard Tammy say several times, “[a]ppellant, get away…