Appellant Midgett (defendant) was charged with the first degree murder of his eight year old son. At trial, Midgett’s daughter testified that several days before the son died, Midgett had been heavily drinking and began beating the son in the stomach and back with a closed fist. She had witnessed Midgett choking the son on several prior occasions. She attributed bruising on the son’s body over the past six months to Midgett. On the day of the son’s death, Midgett took the body to the hospital. The medical examiner concluded that the son died due to an abdominal hemorrhage caused by blunt force trauma. The trauma was consistent with injuries caused by a human fist. Midgett was convicted of first degree murder. Midgett appealed.