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Old 05-16-08, 11:00 AM   #29 (permalink)
Zyphlin
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Re: HIV-positive man sentenced 35 years for spitting at officer

Quote:
Originally Posted by RightinNYC View Post
If he believed he could, he was trying to kill the cop. That's attempted murder however you look at it.
Bingo

Quote:
Originally Posted by Kandahar View Post
This is absurd. As others have mentioned, it is IMPOSSIBLE to get HIV from someone's saliva. You'd have to swallow gallons upon gallons of their spit.
If it could be shown that he believed he could potentially give him AIDS through spitting on him, yes that is DEFINITLY attempted murder.

Saying its not because its not possible is akin to saying that someone wanting to kill someone and so shoots the person, who happens to be wearing a bullet proof vest, should not be tried on attempted murder because it wouldn't have been possible for him to actually kill him.

Or like saying someone planted a homemade bomb at someones house and detonated it, hoping ot kill him, only for the person to be out of town for the month. I guess that person shouldn't be tried for attempted murder because, despite the intent to do it and the action to match the intent, it would've been impossible for him to *actually* murder someone that's not there.
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