People v. Berry

Facts

Berry (D) was a 46-year-old cook. He married a 20-year-old girl. Three days after the wedding, she left for Israel. She returned almost two months later with the information that she had fallen in love with another. She also had sexual relations with this other man while in Israel. She wanted a divorce. They had a serious physical fight. Even so, they remained together despite the serious tensions in the household. She continued to taunt D and asked for a divorce. She claimed she might be pregnant with her lover’s child and she even showed D pictures of her and her lover. During a car trip, she switched her tack and demanded immediate sex with D. But when they got home, she changed her mind and said that she was cutting D off and that only her lover could have sex with her. They made out in public at a movie, and she kept up the teasing, but when they got home, she told D she had changed her mind. D snapped, and they had another knock down drag out fight, and she was choked to unconsciousness by D. She got treatment at a hospital. The police were informed. A warrant was put out for D's arrest, but he had left the house and was living with a friend. Three days later, after she had gotten home from the hospital, D returned to the home. She then taunted D to kill her. D killed her by strangling her with a telephone cord. D was charged with murder. D did not deny the killing but explained at trial that for a two-week period, his wife had continually tormented him about her sexual relations, and had often threatened to leave. D claimed that the killing occurred in the heat of passion. An expert backed up this contention based on the suicidal nature of the wife and her provoking D into killing her. However, the trial judge refused to instruct the jury about voluntary manslaughter, and D was convicted of first-degree murder. D appealed.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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