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Criminal Law keyed to Dripps
State v. Rider
Facts
Rider (Defendant) intended to kill R.P. Tallent whom Defendant suspected of having an affair with his wife. Armed with a shot gun, Defendant walked to Tallent’s house in search of his wife. Near the house, Tallent approached Defendant with an axe, intending to strike him. After Defendant told Tallent to stop, Defendant shot and killed him. Defendant was charged with first-degree murder. At trial, the court instructed the jury that Defendant was guilty if they believed that Defendant went to Tallent’s home with the intention of killing him and that he armed himself with a gun and thereafter went in search of Tallent and did, in fact, shoot and kill Tallent. Defendant was convicted and he appealed.
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