State v. Thornton

While I concur with the result of the majority opinion insofar as the evidence in this case will not sustain the jury’s finding that Defendant, James C. Thornton, III, is guilty of murder in the first degree, I must respectfully dissent from the holding of the majority that the conviction should be reduced to voluntary manslaughter. Because the evidence clearly establishes that Defendant acted with sufficient malice, the killing constitutes murder in the second degree.

In this case, the facts demonstrate that the events on the evening of May 3, 1983, took place over about a four hour period…