[Download] "State v. Macon" by Supreme Court of the State of Oklahoma # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Macon
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 25, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
In the early morning of May 30, 1968 defendant was involved in a minor collision with a vehicle operated by one Abrahms. While defendant and Abrahms were debating whether there was damage to defendants car, the deceased, a friend of Abrahms, came to the scene and entered the discussion in support of Abrahms. It seems clear that the deceased had had too much to drink. Defendant, too, had been drinking, but he did not contend he was under the influence of liquor. The States proof was that when the deceased placed his hand in a friendly way upon defendants shoulder, defendant stepped back, drew a gun and fired two shots into decedent; that friends of the deceased jumped upon defendant to subdue him; that some additional shots were fired aimlessly in the struggle. On the other hand, defendant testified that as he tried to leave to telephone the police with respect to the collision, the deceased suddenly punched him in the chest; that defendant, backing away, drew the weapon to frighten the deceased; that someone grabbed defendant from behind, causing the gun to be fired; that as the men grappled, the gun was discharged several more times. In short, defendant denied that he pulled the trigger and insisted the firing was caused by the physical activity of others.
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