Criminal Law Keyed to Dressler
Bailey v. Commonwealth
Facts
The Defendant and Murdock often had argumentative conversations over their citizens band radios. However, during the night of May 21, 1983, both the Defendant and Murdock were heavily intoxicated. Murdock was also legally blind. During the course of their conversation, the Defendant told Murdock to wait on Murdock’s porch for him to come over and injure or kill him. The Defendant then made a series of telephone calls to the Roanoke Police Department. Eventually, the police went to Murdock’s home and witnessed him with a gun. The police approached Murdock and told him to put down his weapon. However, Murdock did not realize that it was the police who were approaching, instead believing it to be the Defendant. Murdock opened fire on one of the approaching police officers. As a result, all of the police officers on the scene opened fire upon Murdock. Murdock eventually died from a gunshot wound to the left side of the chest.
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