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To: BenLurkin
BTW, a factual question need be submitted to a jury ONLY when there is a factual dispute.

Your statement is incorrect: As a general rule, the jury is responsible for determining whether the use of deadly force was reasonable under the factual circumstances, even if those circumstances are not in dispute. IMO, the judge made the legally correct decision.

39 posted on 07/31/2006 10:47:17 AM PDT by Labyrinthos
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To: Labyrinthos
The victim here has an immunity under statute. Once he has made a showing that he is entitled to that immunity, what factual dispute remains?
44 posted on 07/31/2006 10:56:28 AM PDT by BenLurkin ("The entire remedy is with the people." - W. H. Harrison)
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