VaterAg said:
aggiehawg said:
Again. Not even close to self defense. Anyone defending this murderer is idiotic and know nothing about the law of self defense. Much less that asserting self defense, it is an admission that the defendant murdered a person but it was a justifiable homicide. So if he does that, he has already confessed to murder.
Burden shifts to the defendant to prove self defense, BTW. It is an affirmative defense. That shifts the burden of proof.
I'm definitely not defending the stabber or stating his self-defense claim is reasonable. I don't think it will fly, based on what I've seen in the police report. And personally, I do hope he is held accountable for his actions.
But read what I said again.
Asserting self defense, is an ADMISSION of guilt. "Yeah I killed him, BUT..."
For this guy, in Texas of all places, is very problematical. Analyze this for a moment. The presumption of innocence is gone. Zip, nada. No presumption of innocence at all. Burden on the state is nil.
Burden on the defense is now beyond a reasonable doubt to prove self defense.
Completely different legal animal in criminal law in most states.