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re: Darius Miles
Posted on 10/31/23 at 9:53 am to imjustafatkid
Posted on 10/31/23 at 9:53 am to imjustafatkid
quote:
All he has to say is he didn't know how it was going to be used. How could they possibly prove he intended for the gun to be used to kill someone?
They don't have to prove that he intended for the gun to kill someone.
Alisondb Link: 13A-2-2(2)
quote:
(2) KNOWINGLY. A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of that nature or that the circumstance exists.
However, even if they did have to prove "intent" it's not a get-out-of-jail-free card for him to say he didn't know it was going to be used to kill someone. Intent can be shown by the circumstances surrounding the act.
quote:
The presence of one at the commission of a felony by another is evidence to be considered in determining whether or not he was guilty of aiding and abetting; and it has also been held that presence, companionship, and conduct before and after the offense are circumstances from which one's participation in the criminal intent may be inferred.
Gibson v. State, 49 Ala. App. 18, 20, 268 So. 2d 49, 51 (1972) (internal quotes and citation omitted).
Posted on 10/31/23 at 10:22 am to mre
quote:
The presence of one at the commission of a felony by another is evidence to be considered in determining whether or not he was guilty of aiding and abetting; and it has also been held that presence, companionship, and conduct before and after the offense are circumstances from which one's participation in the criminal intent may be inferred.
Eh...this seems like a stretch. There was no felony committed until someone started shooting. If we're using this logic, everyone in the car should also be charged.
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