09-06-2007, 07:49 PM
|
|
Registered User
|
|
Join Date: Jul 2004
Location: midwest
Posts: 637
|
|
Quote:
|
Originally Posted by wyndhy
murder in the first for shooting someone during a robery? yikes.
|
Someone on the other message board I mentioned linked a few laws on this. If someone dies during the commission of certain felonies it is Capital Murder.
Linkage
Quote:
19.03. CAPITAL MURDER. (a) A person commits an offense
if the person commits murder as defined under Section 19.02(b)(1)
and:
(1) the person murders a peace officer or fireman who
is acting in the lawful discharge of an official duty and who the
person knows is a peace officer or fireman;
(2) the person intentionally commits the murder in the
course of committing or attempting to commit kidnapping, burglary,
robbery, aggravated sexual assault, arson, obstruction or
retaliation, or terroristic threat under Section 22.07(a)(1), (3),
(4), (5), or (6);
(3) the person commits the murder for remuneration or
the promise of remuneration or employs another to commit the murder
for remuneration or the promise of remuneration;
(4) the person commits the murder while escaping or
attempting to escape from a penal institution;
(5) the person, while incarcerated in a penal
institution, murders another:
(A) who is employed in the operation of the penal
institution; or
(B) with the intent to establish, maintain, or
participate in a combination or in the profits of a combination;
(6) the person:
(A) while incarcerated for an offense under this
section or Section 19.02, murders another; or
(B) while serving a sentence of life imprisonment
or a term of 99 years for an offense under Section 20.04, 22.021, or
29.03, murders another;
(7) the person murders more than one person:
(A) during the same criminal transaction; or
(B) during different criminal transactions but
the murders are committed pursuant to the same scheme or course of
conduct;
(8) the person murders an individual under six years
of age; or
(9) the person murders another person in retaliation
for or on account of the service or status of the other person as a
judge or justice of the supreme court, the court of criminal
appeals, a court of appeals, a district court, a criminal district
court, a constitutional county court, a statutory county court, a
justice court, or a municipal court.
(b) An offense under this section is a capital felony.
(c) If the jury or, when authorized by law, the judge does
not find beyond a reasonable doubt that the defendant is guilty of
an offense under this section, he may be convicted of murder or of
any other lesser included offense.
|
|
09-07-2007, 08:03 AM
|
 |
pixie of the wood
|
|
Join Date: Apr 2004
Posts: 10,575
|
|
|
do you know if that's PA law?
|
09-07-2007, 08:07 AM
|
|
pixie of the wood
|
|
Join Date: Apr 2004
Posts: 10,575
|
|
nevermind, i clicked the link and saw it's a state.tx.us site
This crime happened in PA and would be tried under PA law. This is what I found from the PA consolidated statutes, crimes and offenses, chapter 18(oo! I can actually cite something!  ) There's no mandatory sentences listed but I'm pretty sure I got those right, or at least close.
§ 2501. Criminal homicide.
(a) Offense defined.-A person is guilty of criminal homicide if he intentionally, knowlingly, recklessly or negligently causes the death of another human being.
(b) Classification.-Criminal homicide shall be classified as murder, voluntary manslaughter, or involuntary manslaughter.
§ 2502. Murder.
(a) Murder of the first degree.-A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
(b) Murder of the second degree.-A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice int he perpetration of a felony.
(c) Murder of the third degree.-All other kinds of murder shall be murder of the third degree. Murder of the third degree is a felony of the first degree. |
09-23-2007, 10:00 AM
|
|
On a endless Vision Quest
|
|
Join Date: Sep 2007
Location: .
Posts: 284
|
|
|
Homicidal Tendencies
Quote:
|
Originally Posted by musicman
guy shoots cop, serves time for attempted murder
cop dies 41 years later, same guy charged with murder
thoughts? |
Murder: The killing of a human being by a sane person,with intent,malice aforethought(prior intention to kill the particular victim or anyone who gets in the way),and with no legal excuse or authority.This is "First Degree Murder".By statute inclusion the death of a Police Officer, or Prison Guard,with OR without premeditation and with Malice presumed is also First Degree Murder. Second Degree Murder,is such a killing without premeditation,as in the heat of passion or in a sudden quarrel or fight.To be Murder the victim must die within a year of the attack. Attempted Murder is commited when the defendant does an act that is more than merely preparatory to the commission of the crime of Murder and,at the time of these acts,the person has specific intention to Kill. Criminal Attempted Murder depends on an intention to Kill alone. Attempted Murder is only the planning of a Murder,NOT the actual Killing,which is the Murder. Criminal Attempts carries a Maximum penalty of LIFE Imprisonment,(the same as that for a successful Murder). So, in answer to your question,the defendant,having served his sentence,on the original charge,and as clearly the limit of time exceeded,(one year,to be considered a Murder charge) The defendant was wrongfully prosecuted,as he did not fall within the scope of Murder...Personaly,I say,"Kill em' all, let god sort it out", and "3 people can keep a secret, if 2 of them are Dead".lol,take care of each other, Crazeee,,,,
|
09-23-2007, 11:39 AM
|
 |
Insatiable
|
|
Join Date: Jul 2001
Location: WNY
Posts: 8,935
|
|
Quote:
|
The city’s deputy medical examiner ruled his death a homicide, saying it stemmed from the gunshot wound Barclay suffered back in 1966.
|
This is the key statement. So, yes, I agree with the guy being charged with murder. |
| Thread Tools |
Search this Thread |
|
|
|
| Display Modes |
Rate This Thread |
 Linear Mode
|
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
All times are GMT -5. The time now is 11:09 AM.
|
