Quote:
Originally Posted by Inspired
I need to understand the law? You need to learn how to READ and UNDERSTAND the law. Your right, a normal person won't flip out after dropping a sandwich. But a normal person WOULD flip out if I was being laughed at after I dropped my sandwich.
This wasn't a bar fight. This was a case of someone provoking the defendant by laughing at him for dropping his sandwich, which made him act "rashly and under influence of intense emotion."
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Well I guess what you consider a rational human reaction and what I do are totally different. Per your quote above "
3) the provocation would have caused the average person to act rashly"
Aside from you, I dont think anyone else on here would agree that the average person would resort to physically beating a person because that person laughed at him in some sandwich shop
And while yes, you are correct that this was not a bar fight, I think that example more closely models this situation than yours. In a bar fight you are intending to do harm (but not kill) and if you happen to kill the person it would likely be murder in the 2nd degree. This was a fight (albeit a one-sided fight) in a sandwich shop whereby the perp was intending to inflict harm.