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    Re: Hypothetical case

    Posted by Curmudgeon on 2/16/06

    I'm sure the NRA will honor him as an exemplar of how to shoot
    someone in the face without fatally wounding him.

    On 2/16/06, Carol wrote:
    > On 2/16/06, Bob R/CA wrote:
    >> Let's say I have a hypothetical case, where a client who
    >> is on a vacation to say a southern state, drinks beer and
    >> goes hunting without a hunting license. During the
    >> outing, the hypothetical hunter accidentally shoots and
    >> wounds a fellow hunter from the same hunting party.
    >> Assuming this is just your average person, criminal
    >> liability? To what end?
    >> Suppose the victim takes a turn for the worse, and has a
    >> heart attack and dies. What civil and criminal liability
    >> might the average hypothetical person face?
    > Only know my own state's laws, while it's not southern we/re
    > midwestern and fairly rural, hunting is prettty big here
    > so: Hunting without a license is the first thing that comes
    > to mind but in many states,if it's your own land you don't
    > need a license. I wish there was a crime of stupidity and
    > callousness but that seems to be a prerequisite for some
    > administrative jobs these days. Criminal liability in my
    > state: using weapons while intoxicated is a first degree
    > misdemeanor and there are no exceptions. There are also
    > laws about where when and how a firearm is discharged but
    > many do not apply if it is on your own land. Was our hypo
    > on his own land? If the victim dies from a gunshot and the
    > defendant was merely (?) negligent, it is still a first
    > degree misdemeanor--this specifically applies to hunting
    > accidents and kids playing with guns. Other factors may
    > raise it up to the felony level: killing someone while
    > committing a misdemeanor makes it involuntary manslaughter,
    > a 3rd degree felony. So: if he were using the weapon while
    > intoxicated (and of course it would have to be shown by
    > evidence beyond a reasonable doubt i.e. someone would have
    > to rat him out since we know that no BAC was done--in Ohio
    > he would be guilty of a 3rd degree felony. What he would be
    > charged with I should say since everyone is innocent until
    > proven otherwise. Could also throw in assualt and battery I
    > suppose. civil? assualt. negligence, reckless, wanton or
    > malicious (treble damages) personal injury lost wages and
    > medical bills, loss of consortium for the victim's family.
    > I'll probably think of some more later. but hey, if he (the
    > d) admits that he pulled the trigger and thus is
    > responsible, I'm sure he'll get a pat on the back from the
    > president for taking responsibility, maybe even a medal for
    > being such a big man about it, and lots of material for his
    > book. While the poor sap who takes the fall for him once
    > more suffers and possibly dies. oops, getting a little too
    > political here?

    Posts on this thread, including this one
  • Hypothetical case, 2/16/06, by Bob R/CA.
  • Re: Hypothetical case, 2/16/06, by Carol.
  • Re: Hypothetical case, 2/16/06, by Curmudgeon.

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