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To: Cornpone
Seems the first rule of self defense is to not needlessly place yourself in danger in the first place. I think he overstepped his bounds and responsibilities. He knew who the man was, he was perfectly capable of identifying him, and he knew where he lived. Once he knew all those things he should have simply made himself available to testify once the man had been apprehended by the police. I think he should be charged with manslaughter.

The Supreme Court has disagreed with your presumptions and your conclusions. There are a number of self-defense cases dating from the 1890s. One case, Alberty v. United States, 162 U.S. 499, had some similarities to this case. A man witnessed another man climbing into the window where his wife was staying. There are others: Wallace v. United States, 162 US 466; Allison v. United States 160 US 203; Beard v. United States 158 US 550; among others.

We can't say that the house was where the suspect resided--he was leaving the house--but assuming he had just raped someone, would it be beyond him to trespass on another's property? Assuming he had raped another, would you or any other reasonable person believe him capable of other misdeeds? The Supreme Court cases cited justify his actions.

32 posted on 01/15/2005 11:43:31 AM PST by Simo Hayha
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To: Simo Hayha
A man witnessed another man climbing into the window where his wife was staying. [Emphasis added]

WHOSE wife, the wife of the witness or the wife of the climber? I bet that makes a difference.

... but assuming he had just raped someone, would it be beyond him to trespass on another's property? Assuming he had raped another,....[Emphasis added]

Isn't the magic word "assuming"? And the magic word above would be "witness". Here there is only an allegation. The man did not witness the attack. I don't know but I think that might be relevant.

33 posted on 01/15/2005 12:08:50 PM PST by Mad Dawg (My P226 wants to teach you what SIGnify means ...)
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To: Simo Hayha

I'm sure you're right about precedent but I'm not so sure about today or the future. When I was young and where I came from catching your wife in bed with another man was grounds for justifiable homicide. That hasn't been the case for over 40 years now. I don't think this man could successfully argue self defense but I could well be wrong.


41 posted on 01/15/2005 2:25:20 PM PST by Cornpone ((Aging Warrior))
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