PEOPLE v. THOMAS 729 P.2d 972 (1986) CASE BRIEF

PEOPLE V. THOMAS
729 P.2d 972 (1986)
NATURE OF THE CASE: This case involves whether the crime of attempted reckless manslaughter can be recognized. It is interesting because it demonstrates that one can attempt to act in a reckless manner.
FACTS: On February 4, 1981 Thomas (D) received a telephone call from a friend who told him that she had just been raped by a neighbor who lived upstairs. D arrived at his friend's apartment with a pistol and went upstairs to visit the neighbor. D falsely identified himself as a police officer and instructed his friend to call the police. The neighbor began to flee and D fired three shots at him, two of which struck the alleged rapist. D claimed that two shots were warning shots and that the other shot was accidental. D was convicted of first degree assault and of attempted reckless manslaughter. The court of appeals reversed the conviction of attempted reckless manslaughter and we grant certiorari to review that reversal.

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LEGAL ANALYSIS:





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