Smith v. State
In the defendant's trial for capital murder, he was not entitled to a charge on the lesser-included offense of murder. Almost immediately after shooting
his girlfriend, the defendant left her apartment and deliberately
sought out her 11-year-old daughter, who was crouched in a defensive
position behind a car with no weapon in her hand. With the same gun he
used to shoot her mother, he shot the child twice at point-blank range
and then stated aloud that he was going after her older sister. The
defendant killed the child in a continuous and uninterrupted chain of
conduct occurring almost immediately after he shot and killed her
mother.
