Re: [pyrnet] Verdict in the Diane Whipple mauling case?

["Linda Weisser" <lmweisser@attbi.com>]

----- Original Message -----
From: "darrell goolsbee" <dgoolsbee@ev1.net>

The problem: How can
you convict someone both of murder and manslaughter in the same
incident? It should be one or the other. The view was there would be no
way the seemingly conflicted verdict against the woman would be upheld
under TX law, but of course, CA may well be different.>>

I talked to a lawyer friend (not in CA) who said that manslaughter is a
lesser charge.  One can be convicted of that lesser charge and then also of
murder.  the murder change actually encompasses the manslaughter. However
one can be guilty of manslaughter but not of murder.  That all degrees of
death charges escalate and build on each other depending upon intent, state
of mind.  His comment was "In every state in America, manslaughter is
considered a 'lesser included charge.' "

I also find it quite unbelieveable that a DA as good as those who prosecuted
this case could be careless or stupid enough to bring both charges if they
cancel each other out.  Or that the judge in his charge to the jury would be
so ignorant of the law that he would not instruct the jury that they had to
make a choice.

Linda