The defendant was charged with second-degree murder after brutally beating a boy under his supervision at an institution with a rubber hose, causing injuries that led to the boy's death. At trial, evidence was presented that the defendant had previously beaten the boy. The appellate court affirmed both the defendant's conviction for involuntary manslaughter and the admission of evidence about the prior beating. The court found that the savage nature of the beating was sufficient to establish malice for second-degree murder. It also found that evidence of the prior beating was properly admitted to show the defendant's motive.

1. HaroldSowardsII
CJ 322, Tu/Th 9:30
10/13/15
People v. Thomas
272 N.W.2d 157 (Mich. App. 1978)
1. Facts
 Victim was at Oak Haven under Daniel Thomas’ supervision
 Thomas gets his parents’ permission to discipline him
 Thomas and another supervisor take the victim to the edge of campus, pull his
pants down and tie his hands behind his back and then spank him with a rubber
hose for 15-30 minutes
 Receive permission to subject the victim to further discipline
 Sept. 30, 1976 takes victim to same location, binds him with a rope and beats
him with a doubled over rubber hose for 45 minutes resulting in 30-100 hits
 Victim’s roommate says the victim had open bleed thigh sores and 9 days later
his legs were immobile
 2 days later –victim has flu liked symptoms, Sunday-normal again, Week later-
nausea/upset stomach, 2 days-symptoms continue till his death
 Dr. Clark does an autopsy and says that the victim’s legs were 2 times their
normal size, the cause of death was acute pulmonary edema and that the leg
trauma produced “crash syndrome”
 Thomas is charged with 2nd degree murder under MCL 750.317, MSA 28.549
 Convicted by jury of involuntary manslaughter under 750.321, MSA 28.553 and is
sentenced to 5-15 yrs
 Defendant appeals
 Court of Appeals affirmed
2. Issue
Did the prosecution fail to establish the malice element of 2nd degree murder?
Did the trial court err by allowing the evidence of 1st beating to be admitted?
3. Holdings
No, affirmed
No, affirmed
4. Reasoning

2. The defendant’s savage and brutal beating of the victim is sufficient to establish malice.
He clearly intended to beat the victim and the natural tendency of this behavior was to
cause great bodily harm. The 1st beating evidence was properly admitted because it was
used to show the defendant’s motive.