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  1. #1
    Join Date
    Mar 2008
    Posts
    7

    Default Re: Murder or Manslaughter

    This is how i was told it happen(i was not there)

    man went to my freinds (which he had before was asked do not come back that he was not welcome there). he stop by around midnight wake my friend up he open the door told him to leave he refused friend went to bedroom got his bat told him to leave, guy walk out front door turned around shot, he him got in car left. When he was arrested he asked what do i need do to get this to be self-defense.( this is what it said in paper) he pleading self-defense.

  2. #2
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Murder or Manslaughter

    Most Prosecuting Attorneys charge with everything they can. Hoping to get to keep the greater charges and the court throw out the lesser charges.

  3. #3
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Murder or Manslaughter

    Quote Quoting bigcountrysg
    View Post
    Most Prosecuting Attorneys charge with everything they can. Hoping to get to keep the greater charges and the court throw out the lesser charges.
    I agree with the above post. Assuming there is only one homicide victim, prosecutors will often charge more than one homicide offense, at least to be on the safe side, so that the jury will have different options--if the prosecution does not take this tact, it may be precluded from having the jury consider such a charge at trial. This is normally not a problem if the other homicide is truly a lesser included offense but better safe than sorry--nothing wrong with placing the defendant on notice. Of course, assuming there is only one victim, there can be only one sentence for whatever homicide of which he may be convicted.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Murder or Manslaughter

    Quote Quoting Litigator
    View Post
    Of course, assuming there is only one victim, there can be only one sentence for whatever homicide of which he may be convicted.

    I saw a case once where there were 4 murder victims, but the state charged 8 counts of murder, presumably under the Blockburger rule, elements were present in one murder charge, and not in another.

    Of course they can only be sentenced on 4 counts, even if convicted of all 8.

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