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Old 02-09-2005, 10:01 PM
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fabsroman fabsroman is offline
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Join Date: Nov 2001
Location: Maryland
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Nulle,

I am guessing that you think I think that he is guilty of first degree murder because he shot the guys in the head. Quite honestly, it wouldn't have mattered if he shot them in the head or shot them in the chest after they were already down. The differentiating factor between murder and manslaughter in Maryland is that murder is premeditated. Manslaughter is just a wreckless disregard for human life (e.g., doing 120 mph in a 40 mph zone). A person I know, not a friend of mine, killed an old lady while doing 100+ in a 40 mph zone. He ended up T-boning her while she was trying to cross the intersection in her car.

In Maryland, what Claude did would have been murder or he would have been let of on self defense. Whether it would have been first degree or second depends on certain factors, but it wouldn't have been manslaughter.
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