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Elmo s walking through a park on a sunny day. He hears cries of Help, Help and sees a woman being stabbed by a man
Elmo s walking through a park on a sunny day. He hears cries of "Help, Help" and sees a woman being stabbed by a man with a group of people apparently cheering him on. Elmo rushes to the woman's aid and struggles with the attacker. Elmo knocks him down with a blow that breaks the "attackers" jaw and leaves him with substantial facial injuries. Elmo then finds out that he has interrupted a group of actors who were rehearsing a play and the "knife" was a harmless rubber prop. Elmo is charged with Felonious Assault in the case because he seriously injured actor. He claims that he has a legitimate "Defense of Others" defense and cannot be found guilty. The "alter ego" rule concerning the defense of others is in effect in this state. Is Elmo right and why or why not? Elmo is Right - He honestly thought that the woman was in danger and had a right to defend her Elmo is Wrong - Third Persons are supposed to call the police and never get involved in violence involving others. Elmo is Wrong - The woman did not herself have any "right of self-defense" under these facts and Elmo can therefore not exercise it for her. Elmo is Right - The acting troupe were "taking their chances" when they were acting out a play with a violent scene that could be easily misunderstood
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