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James56

07/09/20 11:04 AM

#199240 RE: Pennsy #199239

Definitely not a big deal
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kex0414

07/09/20 11:34 AM

#199241 RE: Pennsy #199239

The Gov. must prove Intent. Tough to prove what was in someone's mind.
Example. Murder trial:
Bill admits he shot John.
Bill says it was an accident, and didn't know weapon was loaded.
Plausible defense...BUT
Witness saw Bill chamber a live round.
Murder, not Voluntary Manslaughter.

Bottom line; absent the witness to show probable intent, Gov. might accept Voluntary Manslaughter.

Yes...there are 100 different what-ifs, but prof of intent is necessary.
Mens Rea