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I'm no doctor but I imagine that the science of medicine has advanced far enough that the field would be able to determine these types of things.
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It hasn't. I'm a pharmacist in a hospital. My degree says doctor on it. This is the brain we're talking about. You can't know for sure, you can't look at brain trauma on an x-ray or even an autopsy and say "oh, that wouldn't be fatal." You can make assumptions, yes, but saying something definitive is something you cannot do. They are assumptions. My guess is that the actual testimony was something to that effect actually, like "this may very well have not been fatal..." But if the bullet went thru the skull and thru the brain, it's real tough to say it definitely wasn't fatal.
But my argument is that it doesn't matter. His intent was to kill him, and I agree with his intent. The robber left him no choice.
Would I have done the same thing? I hope not, but mostly because I don't want to go to jail. I wouldn't convict someone of
first degree murder or issued a
life sentence given the evidene I've seen.