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DA rules second self-defense killing justified. Allentown pizzeria owner good guy with a gun. Homeowner resists invasion with a knife.

Doug_Nightmare

Active member
Joined
Nov 21, 2018
Messages
557
 

color of law

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Oct 7, 2007
Messages
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Location
Cincinnati, Ohio, USA
Man stabbed to death as he attempted home-invasion robbery in Allentown; DA says killing was self-defense
While Nieves died Sunday, it wasn’t until after an autopsy Tuesday that his death was ruled a homicide from stab wounds, Lehigh County Coroner Eric Minnich said Thursday. The homicide is the first of the year in Allentown.

Martin reviewed findings from the investigation, which was conducted by Allentown police and the Lehigh County Homicide Task Force, and ruled “the homicide was justifiable on the basis of self-defense.”
A teaching moment for those who like to learn.
Black's Law Dictionary, 5th:
Homicide is not necessarily a crime. It is a necessary ingredient of the crimes of murder and manslaughter, but there are other cases in which homicide may be committed without criminal intent and without criminal consequences, as, where it is done in the lawful execution of a judicial sentence, in self-defense, or as the only possible means of arresting an escaping felon. The term "homicide" is neutral; while it describes the act, it pronounces no judgment on its moral or legal quality. People v. Connors, 13 Misc. 582, 35 N.Y.S. 472. See Excusable homicide; Justifiable homicide, infra.
 

Doug_Nightmare

Active member
Joined
Nov 21, 2018
Messages
557
Homicide is the act absent any moral judgement.

Actus non facit reum nisi mens sit rea, which means: "an act does not make a person guilty unless (their) mind is also guilty." Actus reus and mens reus are the essential elements of crime, absent one or the other one is left without criminal intent or the criminal act.

Thought crime - so popular nowadays - is the guilty mind absent the act. “Somebody needs killing!”

Conspiracy is the accusation that an act has been detected in furtherance of hypothetical criminal intent.

This is controversy of political impeachment.
 
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