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Criminal Law Keyed to Osler
United States v. Garcia
Citation:625 F. 2d 162 (7th Cir. 1980)
Victim, Michael Martinez, had threatened the defendant’s life prior to a fight that lead to Martinez’ life. Inmates testified that Martinez started a fight and Garcia repealed the attack with the help of two friends. The struggle moved out of view of the guards, into view of the guards where they witnessed the defendant and his two friends chase Martinez down the hall, catch him, and stabbed him to death while officers ordered him to stop. Defendant was charged with second degree murder for killing Martinez and argued that it was in self-defense. Defendant properly argued for and got a self-defense jury instruction.
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Topic Refresher CoursesConspiracy; Introduction to Homicide and Murder Part 1 Introduction to Defenses and Self Defense