Pugh v. Commonwealth

Indicted for killing her three-year-old daughter, defendant Dianna Mickels Pugh was found guilty in a bench trial of murder of the second degree and sentenced to a term of 20 years’ imprisonment. The principal issue on appeal is whether the evidence is sufficient to support a finding of malice.

On July 15, 1980, about 3:00 p.m., the victim, Mary Elizabeth Pugh, was brought by ambulance from her home in Buena Vista to a Lexington hospital. The child was dead on arrival. The cause of death was acute laryngotracheal obstruction by black pepper.

The autopsy showed she had sustained multiple…