State v. Taylor

452 N.W.2d 605, 1990 WL 32222
CourtSupreme Court of Iowa
DecidedMarch 23, 1990
Docket88-1444
StatusPublished
Cited by12 cases

This text of 452 N.W.2d 605 (State v. Taylor) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Taylor, 452 N.W.2d 605, 1990 WL 32222 (iowa 1990).

Opinions

LARSON, Justice.

Anthony Dawayne Taylor was convicted, in a jury-waived trial, of voluntary manslaughter in the death of the eight-month-old child of Taylor’s fiancee. He has appealed, challenging the sufficiency of the evidence to sustain the conviction. We affirm.

The victim, who had been left in Taylor’s care, died as a result of injuries which the court found had been caused by Taylor. The district court found that the State has established by evidence beyond a reasonable doubt that defendant had “grabbed” the child victim by the arms and shaken him back and forth violently, resulting in the destruction of blood vessels surrounding his brain. The court further found that the State had established by the requisite standard of proof that this violent assault caused the victim’s death. The court then determined that the defendant was guilty of the crime of voluntary manslaughter, not murder, because the killing did not involve malice aforethought due to defendant’s emotional state.

Iowa Code section 707.4 (1987) provides, in part:

A person commits voluntary manslaughter when that person causes the death of another person, under circum[606]*606stances which would otherwise be murder, if the person causing the death acts solely as the result of sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a person and there is not an interval between the provocation and the killing in which a person of ordinary reason and temperament would regain control and suppress the impulse to kill.

(Emphasis added.) Voluntary manslaughter is a class “C” felony. Id.

Two categories of involuntary manslaughter, one a class “D” felony and the other an aggravated misdemeanor, are set out in Iowa Code section 707.5. Under Taylor’s theory, involuntary manslaughter under one of these provisions is the highest offense established by the record.

Defendant’s argument on appeal is based on two contentions: (1) that malice aforethought is an element of voluntary manslaughter under Iowa Code section 707.4 (1987), and that the State failed to prove it; and (2) that the provocation necessary to a finding of voluntary manslaughter could not, as a matter of law, be found because of the tender age of the victim.

I. Taylor’s argument that malice aforethought is an element of voluntary manslaughter must be rejected on the basis of the clear wording of section 707.4, which provides that, when a crime would otherwise be murder, provocation will reduce it to voluntary manslaughter. Thus, malice is the only ingredient of murder not found in voluntary manslaughter. See 4 J. Yeager & R. Carlson, Iowa Practice, Criminal Law and Procedure § 144, at 41-42 (1990 Supp.) [hereinafter cited as Yeager & Carlson]. This view accords with the general rule at common law. See, e.g., State v. Shipley, 259 Iowa 952, 960, 146 N.W.2d 266, 271 (1966) (“[D]efendant could not possibly be prejudiced [by alleged error in malice instruction] as malice is not an element of manslaughter_”); State v. Brown, 152 Iowa 427, 437, 132 N.W. 862, 866 (1911) (“The distinction between murder and manslaughter is that in the latter there is an absence of malice_”). Malice is clearly not an element of voluntary manslaughter under Iowa Code section 707.4, and we therefore reject Taylor’s first argument.

II. Taylor’s second argument, that provocation is an “element” of voluntary manslaughter and that it was not established here, presents a more difficult question. He argues that, as a matter of law, an eight-month-old child is incapable of such provocation. Here, the district court found:

This evidence of the reprehensible conduct of the defendant is insufficient to prove “malice aforethought.” Based upon the entire record the Court concludes that the defendant’s action was the result of frustration, an immature reaction, not a fixed purpose or designed to do some physical harm to [the child].

While this finding did not precisely track the provocation language of section 707.4, it is clear that the court found provocation.

Provocation under section 707.4 is that which is “sufficient to excite such passion in a person.” While this test does not specifically refer to a “reasonable” person, it is clear that it establishes an objective standard for determining whether provocation exists. State v. Inger, 292 N.W.2d 119, 122 (Iowa 1980); Yeager & Carlson § 146, at 42. It is very doubtful, under an objective test, that the evidence in this case could support a finding of provocation. More significantly, the prevailing view is that a child as young as this victim cannot, as a matter of law, provoke a defendant in such a way as to reduce the crime to voluntary manslaughter. See People v. Crews, 38 Ill.2d 331, 334, 231 N.E.2d 451, 453 (1967); Robinson v. State, 453 N.E.2d 280, 283-84 (Ind.1983).

We agree with Taylor that the court erred in finding provocation. We do not agree, however, that the error was reversible. As we have already noted, voluntary manslaughter under section 707.4 amounts to murder without the ingredient of malice: “A person commits voluntary manslaughter when that person causes the death of another person, under circumstances [607]*607which would, otherwise be murder” if it were not for the existence of provocation.

The district court’s erroneous finding of provocation merely gave Taylor a break to which he was not entitled. In a case directly on point, a North Carolina court held that it was error to submit provocation in the death of a young child but held that the error was not reversible. The court said:

Voluntary manslaughter is usually defined as an intentional killing, done without premeditation or deliberation, and without malice. The element of malice, which is a necessary component of second degree murder, is usually negatived in the voluntary manslaughter context by either heat of passion suddenly aroused upon adequate provocation or by the situation where the defendant has an imperfect right of self-defense. In this case, involving the death of a child from the so-called “battered child” syndrome, where there was a great disparity in age and size between the victim and her slayer, and particularly where the slayer stood in loco parentis with the child, we are of the opinion that as a matter of law adequate provocation could not be found to exist so as to justify submission of voluntary manslaughter where the evidence showed that the defendant beat and abused a child unto its death.

State v. Vega, 40 N.C.App. 326, 333, 253 S.E.2d 94, 98, cert. denied, 444 U.S. 968, 100 S.Ct. 459, 62 L.Ed.2d 382 (1979) (citations omitted).

Regarding the matter of prejudice, the court in Vega stated:

In the present case there is abundant evidence that the child had been beaten viciously, and had been severely burned, these punishments ostensibly being made to “discipline” the child. The evidence would have been ample to support a conviction of second degree murder.

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State v. Taylor
452 N.W.2d 605 (Supreme Court of Iowa, 1990)

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Bluebook (online)
452 N.W.2d 605, 1990 WL 32222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-taylor-iowa-1990.