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The Water Cooler
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Accidental breaking and entering and manslaughter
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<blockquote data-quote="Dave70968" data-source="post: 3156786" data-attributes="member: 13624"><p>I agree, but as nearly as we can tell, her being in the wrong apartment was negligence, not deliberate. Negligently going into the wrong home does not rise to the level of "an act imminently dangerous to another person and evincing a depraved mind," nor is simple trespass a felony that would bring her actions into the ambit of the definition of murder 2.</p><p></p><p>Manslaughter 1 is defined as:</p><p style="margin-left: 20px">Homicide is manslaughter in the first degree in the following cases:</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.</p><p></p><p><em>As reported</em>, this fits that definition perfectly (again based on Oklahoma statutes, which I know I shouldn't really do, but this is an intellectual exercise anyway). Show me that she intended to enter his apartment with other intent and it'd probably slot neatly into murder 2, but so far, I see manslaughter 1.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3156786, member: 13624"] I agree, but as nearly as we can tell, her being in the wrong apartment was negligence, not deliberate. Negligently going into the wrong home does not rise to the level of "an act imminently dangerous to another person and evincing a depraved mind," nor is simple trespass a felony that would bring her actions into the ambit of the definition of murder 2. Manslaughter 1 is defined as: [INDENT]Homicide is manslaughter in the first degree in the following cases: 1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.[/INDENT] [I]As reported[/I], this fits that definition perfectly (again based on Oklahoma statutes, which I know I shouldn't really do, but this is an intellectual exercise anyway). Show me that she intended to enter his apartment with other intent and it'd probably slot neatly into murder 2, but so far, I see manslaughter 1. [/QUOTE]
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