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To: Free Vulcan
609.065 JUSTIFIABLE TAKING OF LIFE. The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor’s place of abode.

https://www.revisor.mn.gov/statutes/?id=609.065

I don’t think a reasonable person believes someone unarmed and dying in front of you is a threat of death or great bodily harm(why the jury did what they did) If he believed that, he probably wouldn’t come as close as he had to to deliver a ‘kill shot’ under the chin.

The Minnesota homeowner shot one in the head at point blank range after they were no longer a threat and recorded himself taunting before doing so. (Then he kept the bodies overnight before calling police.)

29 posted on 05/04/2014 10:54:44 AM PDT by TurboZamboni (Those who make peaceful revolution impossible will make violent revolution inevitable.-JFK)
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To: TurboZamboni

That more than anything was the clincher on Smith to me. Every state law I’ve read distinguishes between aggressor and defender, with the legal test generally being whether you are in fear of death or bodily harm.

Proximity bears heavily in that, at all times any wise armed defender would want to keep a certain distance (beyond hand-to-hand) and cover between them and the aggressor so as not to negate the advantage of having a gun. When you willfully advance uncovered to point blank range and do what Smith did, you are no longer in fear of your life. In fact you have reversed the roles and are no longer legally covered.


32 posted on 05/04/2014 11:08:32 AM PDT by Free Vulcan (Vote Republican! You can vote Democrat when you're dead...)
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