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by Kythas
Fri Dec 09, 2011 10:44 am
Forum: The Crime Blotter
Topic: Manslaughter Conviction replaced with directed verdict of SD
Replies: 10
Views: 1174

Re: Manslaughter Conviction replaced with directed verdict o

One thing that struck me on the Supreme Court's decision was this line:
The State did not produce any evidence to contradict Petitioner's testimony he routinely carried the concealed weapon, and did not deliberately arm himself in anticipation of a conflict that evening.
I read this as follows: If a person does not routinely carry a concealed weapon, but only does so when he believes the probability of its need is high, this may be seen as a provocation. However, if one routinely carries a concealed weapon, the fact that a person is carrying the weapon would not be seen as a provocation.

Very interesting and further reason to carry 24/7.

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