State v. Qualls

In State v. Qualls, 130 N.C. App. 1, 502 S.E.2d 31 (1998), aff'd per curiam, 350 N.C. 56, 510 S.E.2d 376 (1999) the majority of our Court recited the relevant definition of malice, found a similarity between its facts and those in Hemphill, and followed Hemphill because the defendant had severely shaken the baby, causing its death. Id. at 11, 502 S.E.2d at 37. The Qualls Court then added that the defendant not only shook the baby but also inflicted more than one severe blow to the left side of the head, causing multiple skull fractures. Id. at 11, 502 S.E.2d at 37-38. "Considering all this evidence together and giving the State the benefit of all legitimate inferences which may reasonably be drawn therefrom," the Court concluded in Qualls that the State had presented substantial evidence the defendant acted with malice. Id. at 11, 502 S.E.2d at 38.