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Given the facts as you have presented them, a conviction for
something would seem to be in order, but life in prison would seem
excessive, more appropriate for first-degree murder with malice. The
guy was probably in an excited mental state and thus with diminished
mens rea. I would likely have voted only for manslaughter on
grounds of diminished capacity, as for the guy who shot his wife's
male lover (or his wife). That used to be legal in Texas. We have to
take mental stress into account in the verdict and the sentence. On 05/31/2011 03:15 PM, Greg Jacobs wrote: case in Oklahoma wherein a pharmacist was convicted of murder and sentenced to life in prison. -- Jon ---------------------------------------------------------- Constitution Society http://constitution.org 2900 W Anderson Ln C-200-322 twitter.com/lex_rex Austin, TX 78757 512/299-5001 [email protected] ---------------------------------------------------------- |
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