State v. Quesinberry

WHICHARD, Justice.

Evidence presented, in the light most favorable to the State, tended to show the following:

Van Burén Luther, age 71, was discovered lying on the floor of Luther’s Grocery Store at 1:37 p.m. on 20 July 1984. The rescue squad arrived within minutes, by which time Mr. Luther was *230walking carefully out of the door of the store, holding his head. He was covered with blood, but was no longer bleeding. An ambulance arrived at 2:09 p.m. and took him, intermittently unconscious and restless, to the hospital, where he died at 5:53 p.m.

Defendant was taken into custody and advised of his…