[QUOTE=Bricker]
The problem arose when the perpetrators of aggravated battery were charged with attempted murder, despite the lack of any evidence to support all the elements of that charge.
[/quote]
I was once told (in the course of my training in self-defence, not in law school) that one circumstance that could justify use of deadly force in self-defense was being attacked by multiple assailants.
I believe that the prosecuting attorney in the Jena Six thing said that the shoes were the lethal weapon that justified the murder charge. Might it not be the case, however, that the six-to-one ratio of attackers to defendent might be evidence to justify a murder charge?
Obviously, it would depend on the state, etc., etc.
Regards,
Shodan