Guy gets caught while trying to stop drivers from talking oncellphones while driving

On Sat, 22 Nov 2014 23:21:27 -0000, BobbyK > wrote:

> On Sun, 23 Nov 2014 09:05:17 +1100, "290jkl" >
> wrote:
>
>>
>>
>> "Michelle Steiner" > wrote in message
>> ...
>>> In article >, 290jkl
>>> > wrote:
>>>
[]
>>>>
>>>> Wrong
[]
>>
>> Wrong.
>>
[]
>>
>> Wrong.
>
> Rod? Is that you? :-)

Seems likely!

--
Bah, and indeed, Humbug

Your Name > wrote:
> In article >, Frank Slootweg
> > wrote:
>
> > Lewis > wrote:
> > [...]
> > > A death during the commission of a crime is first degree murder
> > > regardless of the circumstances or cause of the death.
> >
> > Then - as a shopper - I'd better not have a heart-attack when someone
> > steals a packet of crisps!
>
> It wouldn't matter to you anyway.
>
> A. You're dead from the heart attack.
>
> B. You weren't the one stealing the packet of crisps, so
> wouldn't be charged with "first degree murder".
>
> What you probably meant to say was that you wouldn't want *someone
> else* having a heart attack when *you* are stealing a packet of crisps
> ... that way you would (supposedly) be charged with "first degree
> murder". :-)

We basically mean the same, but from a different perspective and with
a different angle:

According to Lewis, if I died from the heart attack, the poor thief of
the packet of crisps could be charged with first degree murder:

"A death [mine] during the commission of a crime [stealing a packet of
crisps] is first degree murder *regardless of the circumstances or cause
of the death*."

In article >,
Frank Slootweg > wrote:

> Lewis > wrote:
> [...]
> > A death during the commission of a crime is first degree murder
> > regardless of the circumstances or cause of the death.
>
> Then - as a shopper - I'd better not have a heart-attack when someone
> steals a packet of crisps!

Stealing a packet of crisps is not a felony; therefore, no felony murder.

--
D.F. Manno |
GOP delenda est!

On 2014-11-24 03:48:46 +0000, "D.F. Manno" > said:

> In article >,
> Frank Slootweg > wrote:
>
>> Lewis > wrote:
>> [...]
>>> A death during the commission of a crime is first degree murder
>>> regardless of the circumstances or cause of the death.
>>
>> Then - as a shopper - I'd better not have a heart-attack when someone
>> steals a packet of crisps!
>
> Stealing a packet of crisps is not a felony; therefore, no felony murder.

The classic example of felony murder, is when the driver of a getaway
car has been arrested after a failed robbery (bank, convenience store,
etc) where there has been a homicide, and the homicide can be that of a
victim, or a crime partner.

--
Regards,

Savageduck

D.F. Manno > wrote:
> In article >,
> Frank Slootweg > wrote:
>
> > Lewis > wrote:
> > [...]
> > > A death during the commission of a crime is first degree murder
> > > regardless of the circumstances or cause of the death.
> >
> > Then - as a shopper - I'd better not have a heart-attack when someone
> > steals a packet of crisps!
>
> Stealing a packet of crisps is not a felony; therefore, no felony murder.

Lewis said "crime". Stealing a packet of crisps is a crime.

Of course I know that my comment is ********. It's just to demonstrate
that Lewis' comment is badly worded.

On 2014-11-25 13:56:48 +0000, Lewis > said:

> Okay, so one time? In band camp? 290jkl > was all, like:
>
>
>> "Savageduck" > wrote in message
>> news:2014112220190161431-savageduck1@REMOVESPAMmecom...
>>> On 2014-11-23 03:45:08 +0000, "290jkl" > said:
>>>> "Savageduck" > wrote in message news:
>>>
>>> << Clean up Snip >>
>>>
>>>> Actually you don't have a clue.
>>>>
>>>> You just proved that I do.
>>>>
>>>> The law you cited says very explicitly indeed that the death
>>>> I mentioned in my first comment is second degree murder.
>
>>> For some reason you snipped my final question in my last post,
>
>> Because it is completely irrelevant to what was being discussed
>> when you proved with that quote of the law that what I said
>> originally about a particular death being not first degree murder.
>
> He proved you are a numpy moron who cannot understand the penal code. He
> eve cited a specific case in which someone is serving a life sentence
> without the possibility of parole (A "special circumstances" murder,
> which is First Degree murder Plus), because his partners in his felony
> were killed in self-defense. That completely blows up your "Felony
> Murder is not First Degree Murder" stupidity.

Most murder convictions under the Felony murder rule, are because of
the related serious felony, first degree murder convictions. Of those,
some are prosecuted as "Special Circumstances" cases due to type of
felony and the level of involvement of the individual charged under the
felony murder rule. A getaway driver usually has as much knowledge &
involvement in the conspiring, and the commission of a felony as any of
the other participants.
--
Regards,

Savageduck

On 11/25/2014 8:56 AM, Lewis wrote:
> Okay, so one time? In band camp? 290jkl > was all, like:
>
>
>> "Savageduck" > wrote in message
>> news:2014112220190161431-savageduck1@REMOVESPAMmecom...
>>> On 2014-11-23 03:45:08 +0000, "290jkl" > said:
>>>> "Savageduck" > wrote in message news:
>>>
>>> << Clean up Snip >>
>>>
>>>> Actually you don't have a clue.
>>>>
>>>> You just proved that I do.
>>>>
>>>> The law you cited says very explicitly indeed that the death
>>>> I mentioned in my first comment is second degree murder.
>
>>> For some reason you snipped my final question in my last post,
>
>> Because it is completely irrelevant to what was being discussed
>> when you proved with that quote of the law that what I said
>> originally about a particular death being not first degree murder.
>
> He proved you are a numpy moron

The only numpty here is the Holiday Inn Express "attorney"

On 11/25/2014 05:48 AM, Lewis wrote:
> Okay, so one time? In band camp? 290jkl > was all, like:
>> It doesn’t say that that absolutely. In fact it says very explicitly
>> indeed that first degree murder requires intent, planning and malice
>> aforethought and if there is no intent it becomes second degree
>> murder. So you are just plain wrong.
>
> Your inability to read for comprehension is noted, but it is not my
> problem. Felony Murder is First Degree Murder in many jurisdictions.

"Misdemeanor murder" sounds funny. "Gee, terribly sorry, it just sort
of came over me that I wanted to bash his head in so I did it. Not
exactly an accident, but I really didn't plan it." "No problem, just a
$100 fine, you can leave a check with the bailiff. Next case."

--
Cheers, Bev
"It's important to never be arrogant. Especially if you're one
of the little people whose opinion doesn't matter." --Rat

On 2014-11-25 23:19:57 +0000, The Real Bev > said:

> On 11/25/2014 05:48 AM, Lewis wrote:
>> Okay, so one time? In band camp? 290jkl > was all, like:
>>> It doesn’t say that that absolutely. In fact it says very explicitly
>>> indeed that first degree murder requires intent, planning and malice
>>> aforethought and if there is no intent it becomes second degree
>>> murder. So you are just plain wrong.
>>
>> Your inability to read for comprehension is noted, but it is not my
>> problem. Felony Murder is First Degree Murder in many jurisdictions.
>
> "Misdemeanor murder" sounds funny. "Gee, terribly sorry, it just sort
> of came over me that I wanted to bash his head in so I did it. Not
> exactly an accident, but I really didn't plan it." "No problem, just a
> $100 fine, you can leave a check with the bailiff. Next case."

Terms are being mixed up a bit here. All murders are felonies whether
they are first, or second degree, and in California with, or without
*Special circumstances*. The *Felony Murder Rule* comes into play when
in the commission of a felony, or attempted felony such as a robbery,
burglary, etc. a crime partner is killed any surviving crime partners
can be charged with murder in the death of their crime partner under
the *Felony Murder Rule*.

If a victim, or bystander is killed as a result of the felony, or
attempted felony each of the crime partners can be charged with murder,
or accessory to murder without addressing the *Felony Murder Rule*. How
the cases are developed depends on the D.A. and any plea bargain deals
which might or might not be on the table, and if the crime partners
turn on each other.

--
Regards,

Savageduck

In article >, The Real Bev
> wrote:

> On 11/25/2014 05:48 AM, Lewis wrote:
> > Okay, so one time? In band camp? 290jkl > was all, like:
> >> It doesnít say that that absolutely. In fact it says very explicitly
> >> indeed that first degree murder requires intent, planning and malice
> >> aforethought and if there is no intent it becomes second degree
> >> murder. So you are just plain wrong.
> >
> > Your inability to read for comprehension is noted, but it is not my
> > problem. Felony Murder is First Degree Murder in many jurisdictions.
>
> "Misdemeanor murder" sounds funny. "Gee, terribly sorry, it just sort
> of came over me that I wanted to bash his head in so I did it. Not
> exactly an accident, but I really didn't plan it." "No problem, just a
> $100 fine, you can leave a check with the bailiff. Next case."

You're missing an "s" and a space - it should be "Miss Demeanor murder"
where you kill a young woman name Demeanor. ;-)