| Court: | NY Court of Appels |
| Facts: | Caruso was an immigrant with poor Englush. His son died a lengthy death of diptheria. The doctor who had been caring for the child was delayed in his visit (and therefore missed the death), and Caruso believed he had prescribed the wrong dosage of antitoxin. When the doctor did arrive, and learn of the death, Caruso believed he smiled. Caruso then attacked the doctor with his bare hands, returning shortly later with a kife and killing him. He did not attempt to go on the run. |
| Posture: | Convicted at trial. |
| Issue: | Does the evidence establish premeditation? |
| Holding: | It does not; reversed and remanded for a new trial. |
| Rule: | Whether Caruso's beliefs were correct is immaterial-- it is sufficient that he believed them. There's nothing in the evidence that shows premeditation. Would this be 1st degree intentional under WI code? |
| Reasoning: | The prosecutor unreasonably stacked the deck with irrelevant witnesses |
| Dicta: | Appeals to sympathy and prejudice are harmful. A reviewing court has broad discretion. If the guy is really guilty, errors can be overlooked. |