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Home / Opinion Digests / Criminal Practice / Criminal Practice – Lynching – Premeditation Element – Insufficient Evidence – Conspiracy – No Agreement – Pointing a Gun (access required)

Criminal Practice – Lynching – Premeditation Element – Insufficient Evidence – Conspiracy – No Agreement – Pointing a Gun (access required)

State v. Larmand Where the state showed only that (1) defendant and his brother-in-law, Leo Lemire, drove together to the victim’s house, uninvited, at midnight wearing dark clothing; (2) they parked down the street from the victim’s house; and (3) they separately approached the victim’s house on foot with Lemire carrying a loaded gun that he pointed at the victim, the state failed to prove a premeditated intent to commit an act of violence upon another person.

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