Wednesday, November 09, 2005

 

The good, the bad, and the ... no I think that's it

The Good

This hilarious case from my criminal law class:

FACTS
Daniel Fransua and the victim were in a bar in Alburquerque. Fransua had been drinking heavily that day and the previous day. Sometime around 3:00 P.M., after an argument, Fransua told the victim he'd shoot him if he had a gun. The victim got up, walked out of the bar, went to his car, took out a loaded pistol, and went back in the bar. He came up to Fransua, laid the pistol on the bar, and said, "There's the gun. If you want to shoot me, go ahead." Fransua picked up the pistol, put the barrel next to the victim's head, and pulled the trigger, wounding him seriously.

State v. Fransua, 510 P.2d 106 (N.Mex.App. 1973)

Was the victim's consent a justification that meant Fransua wasn't guilty of aggravated battery?

The New Mexico Court of Appeals said no. If anyone's interested, I can post the court's reasoning here (which I disagree with), but this is pretty funny regardless. Did I mention I love criminal law?

The Bad

The University of Minnesota has painted all bus shelters on campus maroon and gold (our school colors). Great use of tuition dollars. Of course, there's an opportunity cost in that they didn't install any heaters or **(gasp) revolutionary idea** doors in them, which means I can still marvel at the meticulous color coordination of campus while I freeze to death in them during a brutal Minnesota winter. Perhaps our school colors should be changed to moron and gold. Morons.

Comments:
Hello, I am a Law student and I would like to read the Court's reasoning on the State v. Fransua case. Could you please email it to me at vianny@hotmail.com? Thanks in advance.
 
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