People v. Nibbe

Defendant was convicted, after jury trial, of second degree murder and aggravated battery (public way), and not guilty of aggravated battery (great bodily harm). Defendant struck victim in the face with his fist, causing victim to fall and fracture his skull, which caused his death.  Death is not ordinarily contemplated as a natrual consequence of blows from bare fists. Victim was not substantially smaller or weaker thank Defendant, and victim died from his head striking the concrete, and not from blow to face. Conviction for second degree murder vacated, and remanded for sentencing for aggravated battery (public way). State presented evidence that negated Defendant's self-defense claim, sufficient for jury to find guilty beyond a reasonable doubt of aggravated battery. (HARRIS and HOLDER WHITE, concurring.)