State v. Beaver
Ohio Court of Appeals
119 Ohio App. 3d 385 (1997)
Richard Beaver (defendant) was charged with the murder of Fred Butler. At trial, several witnesses testified they were at a party and heard gunshots. Butler ran in and said Beaver had shot him. A witness and a police officer testified that there was a bullet hole in Butler’s chest. A nurse testified Butler was in the intensive-care unit after seven hours of emergency surgery and needed help breathing. According to the coroner, Butler died 25 days after being shot. The cause of death was shock, respiratory failure, organ failure, and sepsis. The coroner could not state at trial that Butler’s death was a homicide because he had not yet issued an official verdict. The court granted Beaver’s request for an instruction on the lesser included offense of felonious assault. The jury acquitted Beaver of murder but could not reach a unanimous verdict on felonious assault. On retrial, Beaver was convicted of felonious assault with a firearm. Beaver appealed, arguing in part that the court should have granted his motion for judgment of acquittal in the first trial because there was insufficient evidence that the gunshots proximately caused Butler’s death.
Rule of Law
Holding and Reasoning (Nader, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 688,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 688,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 43,000 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.