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Criminal Law keyed to Dripps
Fulcher v. State
Citation:
633 P.2d 142.Facts
On November 17, 1979, the defendant was out drinking and got into a fight in a bar restroom. Following the fight, he left the bar to find his friend. A police officer subsequently found the defendant and his friend lying in an alleyway with abrasions on their fists and faces. They were booked for public intoxication and disturbing the peace. During the booking the defendant kept saying they were jumped by a “bunch of Mexicans.” Defendant was placed in a cell with Martin Hernandez who was lying unconscious on the floor. The jailer left and soon heard a kicking sound. He went to check and saw defendant standing over Hernandez. He left again and heard the kicking sound resume. The jailer then observed the defendant kicking and stomping on Herandez’ head, and Hernandez was bleeding. The defendant subsequently told an officer that Hernandez had fallen out of bed. Hernandez was taken to the hospital where he received 52 stitches and lost two or three teeth.
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