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#41
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Guy gets caught while trying to stop drivers from talking oncellphones while driving
On Sat, 22 Nov 2014 23:21:27 -0000, BobbyK > wrote:
> On Sun, 23 Nov 2014 09:05:17 +1100, "290jkl" > > wrote: > >> >> >> "Michelle Steiner" > wrote in message >> ... >>> In article >, 290jkl >>> > wrote: >>> [] >>>> >>>> Wrong [] >> >> Wrong. >> [] >> >> Wrong. > > Rod? Is that you? :-) Seems likely! -- Bah, and indeed, Humbug |
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#42
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Guy gets caught while trying to stop drivers from talking on cellphones while driving
Your Name > wrote:
> In article >, Frank Slootweg > > wrote: > > > Lewis > wrote: > > [...] > > > A death during the commission of a crime is first degree murder > > > regardless of the circumstances or cause of the death. > > > > Then - as a shopper - I'd better not have a heart-attack when someone > > steals a packet of crisps! > > It wouldn't matter to you anyway. > > A. You're dead from the heart attack. > > B. You weren't the one stealing the packet of crisps, so > wouldn't be charged with "first degree murder". > > What you probably meant to say was that you wouldn't want *someone > else* having a heart attack when *you* are stealing a packet of crisps > ... that way you would (supposedly) be charged with "first degree > murder". :-) We basically mean the same, but from a different perspective and with a different angle: According to Lewis, if I died from the heart attack, the poor thief of the packet of crisps could be charged with first degree murder: "A death [mine] during the commission of a crime [stealing a packet of crisps] is first degree murder *regardless of the circumstances or cause of the death*." |
#43
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Guy gets caught while trying to stop drivers from talking on cellphones while driving
In article >,
Frank Slootweg > wrote: > Lewis > wrote: > [...] > > A death during the commission of a crime is first degree murder > > regardless of the circumstances or cause of the death. > > Then - as a shopper - I'd better not have a heart-attack when someone > steals a packet of crisps! Stealing a packet of crisps is not a felony; therefore, no felony murder. -- D.F. Manno | GOP delenda est! |
#44
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Guy gets caught while trying to stop drivers from talking on cellphones while driving
On 2014-11-24 03:48:46 +0000, "D.F. Manno" > said:
> In article >, > Frank Slootweg > wrote: > >> Lewis > wrote: >> [...] >>> A death during the commission of a crime is first degree murder >>> regardless of the circumstances or cause of the death. >> >> Then - as a shopper - I'd better not have a heart-attack when someone >> steals a packet of crisps! > > Stealing a packet of crisps is not a felony; therefore, no felony murder. The classic example of felony murder, is when the driver of a getaway car has been arrested after a failed robbery (bank, convenience store, etc) where there has been a homicide, and the homicide can be that of a victim, or a crime partner. -- Regards, Savageduck |
#45
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Guy gets caught while trying to stop drivers from talking on cellphones while driving
D.F. Manno > wrote:
> In article >, > Frank Slootweg > wrote: > > > Lewis > wrote: > > [...] > > > A death during the commission of a crime is first degree murder > > > regardless of the circumstances or cause of the death. > > > > Then - as a shopper - I'd better not have a heart-attack when someone > > steals a packet of crisps! > > Stealing a packet of crisps is not a felony; therefore, no felony murder. Lewis said "crime". Stealing a packet of crisps is a crime. Of course I know that my comment is ********. It's just to demonstrate that Lewis' comment is badly worded. |
#46
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Guy gets caught while trying to stop drivers from talking on cellphones while driving
On 2014-11-25 13:56:48 +0000, Lewis > said:
> Okay, so one time? In band camp? 290jkl > was all, like: > > >> "Savageduck" > wrote in message >> news:2014112220190161431-savageduck1@REMOVESPAMmecom... >>> On 2014-11-23 03:45:08 +0000, "290jkl" > said: >>>> "Savageduck" > wrote in message news: >>> >>> << Clean up Snip >> >>> >>>> Actually you don't have a clue. >>>> >>>> You just proved that I do. >>>> >>>> The law you cited says very explicitly indeed that the death >>>> I mentioned in my first comment is second degree murder. > >>> For some reason you snipped my final question in my last post, > >> Because it is completely irrelevant to what was being discussed >> when you proved with that quote of the law that what I said >> originally about a particular death being not first degree murder. > > He proved you are a numpy moron who cannot understand the penal code. He > eve cited a specific case in which someone is serving a life sentence > without the possibility of parole (A "special circumstances" murder, > which is First Degree murder Plus), because his partners in his felony > were killed in self-defense. That completely blows up your "Felony > Murder is not First Degree Murder" stupidity. Most murder convictions under the Felony murder rule, are because of the related serious felony, first degree murder convictions. Of those, some are prosecuted as "Special Circumstances" cases due to type of felony and the level of involvement of the individual charged under the felony murder rule. A getaway driver usually has as much knowledge & involvement in the conspiring, and the commission of a felony as any of the other participants. -- Regards, Savageduck |
#47
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Guy gets caught while trying to stop drivers from talking oncellphones while driving
On 11/25/2014 8:56 AM, Lewis wrote:
> Okay, so one time? In band camp? 290jkl > was all, like: > > >> "Savageduck" > wrote in message >> news:2014112220190161431-savageduck1@REMOVESPAMmecom... >>> On 2014-11-23 03:45:08 +0000, "290jkl" > said: >>>> "Savageduck" > wrote in message news: >>> >>> << Clean up Snip >> >>> >>>> Actually you don't have a clue. >>>> >>>> You just proved that I do. >>>> >>>> The law you cited says very explicitly indeed that the death >>>> I mentioned in my first comment is second degree murder. > >>> For some reason you snipped my final question in my last post, > >> Because it is completely irrelevant to what was being discussed >> when you proved with that quote of the law that what I said >> originally about a particular death being not first degree murder. > > He proved you are a numpy moron The only numpty here is the Holiday Inn Express "attorney" |
#48
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Guy gets caught while trying to stop drivers from talking oncellphones while driving
On 11/25/2014 05:48 AM, Lewis wrote:
> Okay, so one time? In band camp? 290jkl > was all, like: >> It doesn’t say that that absolutely. In fact it says very explicitly >> indeed that first degree murder requires intent, planning and malice >> aforethought and if there is no intent it becomes second degree >> murder. So you are just plain wrong. > > Your inability to read for comprehension is noted, but it is not my > problem. Felony Murder is First Degree Murder in many jurisdictions. "Misdemeanor murder" sounds funny. "Gee, terribly sorry, it just sort of came over me that I wanted to bash his head in so I did it. Not exactly an accident, but I really didn't plan it." "No problem, just a $100 fine, you can leave a check with the bailiff. Next case." -- Cheers, Bev "It's important to never be arrogant. Especially if you're one of the little people whose opinion doesn't matter." --Rat |
#49
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Guy gets caught while trying to stop drivers from talking on cellphones while driving
On 2014-11-25 23:19:57 +0000, The Real Bev > said:
> On 11/25/2014 05:48 AM, Lewis wrote: >> Okay, so one time? In band camp? 290jkl > was all, like: >>> It doesn’t say that that absolutely. In fact it says very explicitly >>> indeed that first degree murder requires intent, planning and malice >>> aforethought and if there is no intent it becomes second degree >>> murder. So you are just plain wrong. >> >> Your inability to read for comprehension is noted, but it is not my >> problem. Felony Murder is First Degree Murder in many jurisdictions. > > "Misdemeanor murder" sounds funny. "Gee, terribly sorry, it just sort > of came over me that I wanted to bash his head in so I did it. Not > exactly an accident, but I really didn't plan it." "No problem, just a > $100 fine, you can leave a check with the bailiff. Next case." Terms are being mixed up a bit here. All murders are felonies whether they are first, or second degree, and in California with, or without *Special circumstances*. The *Felony Murder Rule* comes into play when in the commission of a felony, or attempted felony such as a robbery, burglary, etc. a crime partner is killed any surviving crime partners can be charged with murder in the death of their crime partner under the *Felony Murder Rule*. If a victim, or bystander is killed as a result of the felony, or attempted felony each of the crime partners can be charged with murder, or accessory to murder without addressing the *Felony Murder Rule*. How the cases are developed depends on the D.A. and any plea bargain deals which might or might not be on the table, and if the crime partners turn on each other. -- Regards, Savageduck |
#50
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Guy gets caught while trying to stop drivers from talking on cellphones while driving
In article >, The Real Bev
> wrote: > On 11/25/2014 05:48 AM, Lewis wrote: > > Okay, so one time? In band camp? 290jkl > was all, like: > >> It doesnít say that that absolutely. In fact it says very explicitly > >> indeed that first degree murder requires intent, planning and malice > >> aforethought and if there is no intent it becomes second degree > >> murder. So you are just plain wrong. > > > > Your inability to read for comprehension is noted, but it is not my > > problem. Felony Murder is First Degree Murder in many jurisdictions. > > "Misdemeanor murder" sounds funny. "Gee, terribly sorry, it just sort > of came over me that I wanted to bash his head in so I did it. Not > exactly an accident, but I really didn't plan it." "No problem, just a > $100 fine, you can leave a check with the bailiff. Next case." You're missing an "s" and a space - it should be "Miss Demeanor murder" where you kill a young woman name Demeanor. ;-) |
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