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To: Lonesome in Massachussets

I think she will have to prove fear. Like I said, if she was injured by him, she walks of course. But if not, it will depend on the DA.

I wonder if she left the kids in the house when she left.


50 posted on 12/17/2009 7:25:49 AM PST by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: AppyPappy

You are correct, self defensive is an affirmative defense. She would have to show fear, only if he died as a consequence of an attempt on her part to do him harm. If she claims that his death was incidental to her attempt to flee, the burden of proof is shifted back to the prosecution. I suggest they not invoke self-defense.


65 posted on 12/17/2009 7:33:11 AM PST by Lonesome in Massachussets (The CRU needs adult supervision.)
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To: AppyPappy

“But if not, it will depend on the DA”

Unless there are witnesses, none are mentioned” there will be only one story, so it will, as Mac Taylor states” depend on the evidence. For all we know he may have fallen trying to force his wall into the cab of the truck... didn’t know she had to PROVE anything.


83 posted on 12/17/2009 8:07:31 AM PST by Peter Horry (Those who aren't responsible always know best.)
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To: AppyPappy

bttt


110 posted on 12/17/2009 10:59:50 AM PST by ConservativeMan55
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