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Old May 19, 2005, 07:44 AM   #15
Senior Member
Join Date: January 27, 2005
Location: Richmond VA - home of a street full of second-place trophies.
Posts: 151
"CA Penal Code 199. The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged.

Though I'm a bit confused as to why you would hold a trial for someone if
the DA believes it to be justifiable. In any case, if a jury deems it to be justifiable or excusable, they can't retry you for the "offense".

Ding! Ding! Ding! we have a winner!!

They indicte you, try you, find you not guilty, and you are aquitted. 5th Amendment protection against double jeopardy kicks in. Justice has been served, the DA shows they are not soft on crime of any kind, no matter how justifiable or excusable, and Court TV has another episode to air.

All you are out is time waiting in a cell for the process to run it's course, and a defense attorney. Of course, the 5th does nothing to "protect" you from civil suits.

stay safe.

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