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Old 10-28-2010, 10:53 AM   #210
Ahbroody
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Default Re: WTF is wrong with people?

Quote:
Originally Posted by BigCat View Post
I'm a little removed from 1st year criminal law at this point, but I don't think that's correct. As far as I recall, if there is a battery, the assault merges into it. Sort of like an attempted murder charge merges into the murder if you commit one. One does not get charged for both attempted murder and murder of the same person.
Correct sir.

Which is why someone would need to show the cigar removal was a battery. This would fall on its face. Leaving you a property claim.
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