State v. Gartlan
North Carolina Court of Appeals
512 S.E.2d 74 (1999)
- Written by Rose VanHofwegen, JD
Facts
William Gartlan (defendant) attempted to kill himself and his three children. After his children went to bed, Gartlan started his car in the garage and left it running with the garage door closed. When his older daughter woke him up, Gartlan’s son was already completely unconscious, and his younger daughter was semiconscious and turning blue. Gartlan changed his mind and called 911. The children were treated for carbon monoxide poisoning and survived, but Gartlan was charged with three counts of attempted first-degree murder. Gartlan asked the trial judge to instruct the jury on the defense of abandonment, but the judge refused. The jury convicted. Gartlan appealed, arguing he was entitled to an abandonment-defense instruction.
Rule of Law
Issue
Holding and Reasoning (Wynn, J.)
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