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The Water Cooler
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Accidental breaking and entering and manslaughter
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<blockquote data-quote="Dumpstick" data-source="post: 3156814" data-attributes="member: 41653"><p>The misdemeanor was trespassing. </p><p></p><p> The fight that ensued was not trespassing. Whatever happened after the misdemeanor (trespass) is another crime entirely.</p><p></p><p>Look at it this way. I know a woman, whose car high-centered crossing a railroad track. It got stuck on the track, and hit by a train.</p><p> The insurance company charged her two deductibles. There were two incidents; the high center, and the impact.</p><p></p><p> The same here. The trespass is a misdemeanor, whatever happened after that was probably not. So, the killing did not happen during the commission of a misdemeanor, it happened after.</p><p></p><p> Killing someone in a fistfight is manslaughter - the fight was a misdemeanor, and the killing happened during the misdemeanor.</p><p> Killing someone after the commission of a misdemeanor, not during, is another matter entirely.</p></blockquote><p></p>
[QUOTE="Dumpstick, post: 3156814, member: 41653"] The misdemeanor was trespassing. The fight that ensued was not trespassing. Whatever happened after the misdemeanor (trespass) is another crime entirely. Look at it this way. I know a woman, whose car high-centered crossing a railroad track. It got stuck on the track, and hit by a train. The insurance company charged her two deductibles. There were two incidents; the high center, and the impact. The same here. The trespass is a misdemeanor, whatever happened after that was probably not. So, the killing did not happen during the commission of a misdemeanor, it happened after. Killing someone in a fistfight is manslaughter - the fight was a misdemeanor, and the killing happened during the misdemeanor. Killing someone after the commission of a misdemeanor, not during, is another matter entirely. [/QUOTE]
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