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| The occurrences upon which the charge is founded took place in the
early morning of the 5th of July, 1893, in a hall where a ball was in
progress. Bryant was there, with a revolver in his possession. During an
altercation which occurred between him and Chrisman, he drew the
revolver from his clothing; and a struggle for the possession of the
revolver occurred, during which the revolver was discharged, -whether
intentionally, or accidentally, may not be entirely clear. John Dar
claims that Bryant told him that he was looking for trouble and he was
ready for it. Later in the evening Bryant and Chrisman got in an
argument. It is unclear who initiated the argument but it is clear that
it got rapidly out of control. Bryant says that Chrisman raised his hand
to strike him and only then did he reached for his revolver. He claims
that Chrisman struck him, and seized the revolver before he could
succeed in getting it out. A struggle ensued, the gun discharged and
Chrisman was shot. Chrisman died on the way to the hospital. What should
Bryant be charged with under the model penal code? Under common law? |
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