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He didn't use it as a gun, but he used it as a hammer. as it hit him, it went off and killed him and again in that case, even though he decided to arm himself with a deadly weapon, decided to do it the way he did, since the intent was not there and there is no ill will and hatred, presumably it would have been found if he stood five feet away and shot him, they said that the action and the way it occurred suggests a lack of ill will, hatred sufficient for second degree murder. so it's a complicated case on a judgment of acquittal, i think, in a number of ways and that is that in the self-defen...

Hatred. there's no, in effect, transferred intent from when you act as outrageously negligent as you might act to steal a car and do 80, 90 miles an hour through a rounded area, running people out of the way and finally killing somebody, that's not ill will, spite or hatred. so i mention those for that purpose. another case, state versus ellison, 561, southern 2nd, 576 -- i'm sorry, that's one of the two i just mentioned. that was one of the cases where the high-speed case was not suggested to be ill will, spite or hatred. dorsey versus state, 5 1, 4th

My client has presented a prima facia case of self-defense. i think if you reach that alone, the case would simply be dismissed presently at judgment of acquittal. as i said a moment ago, i -- we don't -- i can't say, judge, can i stop and let you rule and i'll start over if you don't? so i have to continue as though you're not following my first track and i go to my second track. the second track is whether or not should the court not agree that a prima facia case of self-defense has been proven and to the extent that circumstantial evidence is being considered by this court as presented by t...

Case where he tried to stop a fight, was attacked. defendant backed up, brandished a gun. aggre aggressor continued to approach. defendant shot him. and that was where the court reversed the conviction on that, suggesting that the judgment of acquittal should have been granted. the hernandez/ramos case of 496 72nd 837, again cited in jenkins gives some good insight into a somewhat similar fact scenario. in that case, evidence was there that the defendant took some effort to ward off the attack or end it without violence. the state's witnesses in that case uniformly identified the victim as the...

Would suggest second degree. i guess in this case, had trayvon martin pushed my client as happened in the light case when he actually hit him in the genitals, had trayvon martin pushed my client and my client just reeled back, took out his gun and shot him, under light i'm not certain that would have been ill will, malice and hatred. because the other overriding necessity in an ill will and spite and hatred case, i know the court is aware, is second-degree murder for ill will, spite and hatred not exclusively, because they'll never say never, but almost always, the people have to know each oth...