Felons Behaving Badly, Part 1: State v. Loeum

State v. Loeum, No. 04-1441 (Iowa Ct. App. November 30, 2006). In this case a defendant was charged with first degree murder in the death of his brother whom he had been arguing with. The decedent suffered a fatal bullet wound to the head. The defendant, convicted of the lesser included offense of murder in the second degree argued that he'd meant to merely pistol whip the decedent, the pistol accidentally discharged and he therefore lacked the requisite bad intent to show malice. The Court of Appeals disagreed, finding substantial evidence to raise the inference of malice-particularly the use of a weapon.