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Old September 17, 2010, 08:30 PM   #25
OldMarksman
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Join Date: June 8, 2008
Posts: 4,022
Quote:
I think a good argument can be made for feeling threatened of imminent serious bodily harm or death when two men (turns out recently paroled, so we get a good idea of their attitude, demeanor, behavior, etc - not exactly nice folks) approach you in a vacant dark parking lot at night demanding cash.
Feeling threatened is but one element. How would the "good idea of their attitude...etc." enter into the discussion? The storyteller here did not know the people, and their backgrounds were therefore completely irrelevant and were not subject to being entered into evidence.

Quote:
Even if they don't have a weapon in their hand, 4 fists and 4 feet would be very threatening to me. Two men can easily overpower one man and then do as they please. At that point he's faced with imminent serious bodily harm or even death.
Well, according to the story, they had the ability and the opprotunity. So do many people who pass by every day and night.

Did the person have an articulable reason to believe that he was in jeopardy? How about preclusion?

What evidence can he provide?

Speaking hypothetically here, of course, since there is question about whether this so called incident ever occurred.
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