State v. Savage
| Decision Date | 17 April 1990 |
| Parties | STATE of Maine v. James H. SAVAGE, Jr. |
| Court | Maine Supreme Court |
James E. Tierney, Atty. Gen., Garry L. Greene, Asst. Atty. Gen., (orally), Augusta, for State.
Michael J. Welch (orally), Hardy, Wolf & Downing, P.A., Lewiston, for defendant.
Before McKUSICK, C.J., and ROBERTS, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.
James H. Savage, Jr. appeals his conviction for murder following a jury trial in the Superior Court (Cumberland County, Fritzsche, J.). Savage primarily challenges the jury instructions relating to self-defense and adequate provocation manslaughter. Finding no error, we affirm the judgment.
Savage was a lead singer and rhythm player in a blue grass band called the Shilo Mountain Boys, led by the victim, C. Sumner Morrill. Shilo Mountain Farm was the name of the Morrill home in North Baldwin. Savage, who was married, had an affair with Morrill's wife that lasted until October 1987. During the affair Savage received personal letters and tapes from Mrs. Morrill. On November 7, 1987, Savage and his wife went to Shilo Mountain Farm. Savage brought a loaded revolver, a tape recorder and copies of letters and tapes from Morrill's wife. As a result of an earlier confrontation, Savage was aware that Morrill did not wish to discuss Savage's relationship with Morrill's wife. After Morrill and Savage had settled some business matters, Savage placed the tape recorder on the table and said he wanted Morrill to hear something. Morrill said he did not want to hear it, he knew all about it, this was his home and that he would have to get his "persuader." Savage fired four shots at Morrill, the first two in his chest, a third through the side and a fourth through his back as he was kneeling on the floor. Savage testified that Morrill had previously threatened to kill Savage and that he thought Morrill referred to a gun when he mentioned "persuader."
Savage challenges the jury instructions in several respects, some of which were not preserved by proper objection at trial. M.R.Crim.P. 30(b). We conclude, however, that the court committed no error. First, he argues that the evidence was insufficient to warrant the instruction given, pursuant to 17-A M.R.S.A. § 108(2)(C), that Savage was not justified in using deadly force if he knew that he could with complete safety comply with a demand by the victim that he abstain from doing something that he was not obliged to do. Contrary to Savage's contention, the evidence justified the court's...
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State v. Hanaman, Docket No. Cum–11–155.
...on self-defense and imperfect self-defense. We recognize that both instructions are sometimes given. See, e.g., State v. Savage, 573 A.2d 25, 26–27 (Me.1990) (holding that the trial court's careful instructions on self-defense and adequate provocation manslaughter would not have confused th......
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Morrill v. Morrill
...Morrill in the presence of the two women. Savage was later convicted of murder and sentenced to 30 years imprisonment. See State v. Savage, 573 A.2d 25 (Me.1990). Following his death, Morrill's body was taken to a funeral home. Pursuant to his express instructions that he wished to be crema......