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by Jumping Frog
Thu Dec 20, 2012 7:53 pm
Forum: The Crime Blotter
Topic: Murder or self defense?
Replies: 14
Views: 1542

Re: Murder or self defense?

Thomas wrote:
JP171 wrote:yea but he hit the wrong person, so yea its negligent homicide, if he had hit the person with the gun then no problem
I guess this is assuming (not concluding) the husband and wife were in the wrong.

If so, then wouldn't the wife be guilty also, so if anything, the husband would be charged with felony manslaughter or whatever it's called and the brother would be in the clear.

Disclaimer: I got my DA certificate in a box of Cracker Jacks. :cool:
Absent other non-mentioned evidence, the wife is not guilty for any of the husband's actions. The brother shot and killed an innocent bystander.

Whether it was truly self defense, and whether the brother was reckless in the shooting, are highly dependent upon case facts and we'll never get that level of detail in the newspaper.

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