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Michael is charged with the murder of Frank.
Michael works in the city. He often spends long hours at the office, returning home very late at night, when the streets are normally empty. After reading in the newspaper about a string of late-night robberies in the vicinity of his office, Michael obtained a permit that allowed him to carry a handgun, which he kept in a pocket of his overcoat.
On the night in question, Michael again worked late. Leaving his office building just after midnight, Michael saw a man on the sidewalk on the other side of the street. The man, Frank, appeared to be weaving and staggering, and was mumbling to himself. Watching for a few seconds, Michael noticed Frank had what appeared to a bottle of whiskey in one hand and an open switchblade knife in the other.
Looking up and seeing Michael across the street, Frank shouted, “What are you looking at, you freak? I’m going to cut your damned throat.” Almost falling as he stepped off the curb, and continuing to stagger and weave, Frank lurched toward Michael. Michael drew his gun from inside his overcoat, and when Frank was approximately ten feet away, fired. Frank fell to the ground.
Michael then turned and used his electronic key card to re-enter the locked office building. From the lobby, he called 911 on his cell phone, telling the operator, “A guy was going to stab me so I shot him.” The police arrived within two minutes, followed by an ambulance. Frank was pronounced “dead on arrival” at the hospital less than 10 minutes later.
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