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Criminal Law Keyed to Dressler
People v. Miller
Facts
The Defendant threatened to kill Jeans in the presence of others at the post office in the town of Booneville. Jeans worked for Constable Ginochio (Ginochio) on his ranch and Jeans and others, including Ginochio, were working in a field planting hops when the Defendant appeared with his .22 caliber rifle. When the Defendant had proceeded about 100 yards in the direction of Ginochio and Jeans, he stopped, apparently to load the rifle. Seeing the Defendant, Jeans fled on a line at right angles to the Defendant. Ginochio took the gun from the Defendant without resistance without a shot being fired.
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