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Criminal Law Keyed to Gershowitz
Thomas v. State
Citation:584 So.2d 1022.
The defendant shot and murdered the victim. About two weeks before the offense took place, the victim and a friend gave the defendant $10 to purchase some crack cocaine for them. The defendant did not find any in the area, so he sent the money back to the victim through another person. The defendant learned that the victim did not give the friend her $t0, so the defendant also reimbursed her.
On the night of the offense, the defendant, seeing the victim, walked up to him with a revolver in his right hand. The defendant demanded the victim give back the $10 that the defendant had paid to the friend, and the victim kept saying he did not know what the defendant was talking about. The defendant swung the gun to hit the victim in the chest, but the victim blocked it with his left arm and the gun went off. At that point, the victim handed the defendant the money and said, “You shot me.” The defendant disclaimed any intent to shoot the victim.
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