Sunday, March 03, 2013

For the Chapter: Taking the Accused at His Word Regardless of How Preposterous His Defense

This Court need not "determine whether or not the accused adequately investigated the sounds emanating from his bathroom before discharging his gun” (even if the accused’s investigation of noises emanating from his bathroom resulted in an inaccurate determination, the state offers no evidence that the accused acted with an intent to commit murder). The Court concludes that any allegations regarding the adequacy of the accused's suspicion that an intruder had entered his home cannot negate the credibility of the accused's asserted reasons for the shooting.

(Credibility? What credibility?)

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