On Sat, 07 Jan 2012 10:13:31 -0600, Leon lcb11211@swbelldotnet
wrote:

On 1/7/2012 9:55 AM, Larry Jaques wrote:
On 07 Jan 2012 14:47:05 GMT, wrote:

Larry wrote in
:

On Fri, 06 Jan 2012 19:28:22 -0600, wrote:

On 1/6/2012 6:54 PM, Larry Jaques wrote:
On Fri, 06 Jan 2012 16:44:07 -0600, wrote:

On 1/6/2012 4:28 PM, Edward A. Falk wrote:
In article_OmdncUKb_QjiJrSnZ2dnUVZ_sidnZ2d@giganews. com,
wrote:

None of the news reports have mentioned it, but the dead guy's
partner will be charged with felony murder.

I have no sympathy for the dude, but that's the kind of
ridiculous overreaching by prosecutors that defies logic and
commonsense.

Not in the slightest. If you commit a crime, and it causes
someone to die, that's murder. This is practically the textbook
case.

Nonsense. This scenario is far from from the "textbook case" ...
read the laws in the various states and you will quickly understand
that this particular scenario is neither a "textbook case", nor
does it fit with the crafted distinction in all States that have a
felony murder statute.

What it is a textbook example of "legal fiction" ... look it up.

What is your suggested punishment for the 2nd idiot?

Involuntary manslaughter.

Works for me.


That would work for me, but it does dilute the statute of felony murder.
I still think convict of felony murder, but not the maximum sentence.

You might be right. Perhaps the OK DA/judge/jury will find the truth
and act accordingly.

Exactly and throw the case out because there was no murder. And
accordingly remind the prosecuting attorney that you can not win on a
charge that does not fit the crime.

Yeah, I wonder how the law deals with a death but no murder for self
defense, with co-conspirators, etc. I guess we'll see.

Back to hippity hopping along.

--
Worry is a misuse of imagination.
-- Dan Zadra