[DOWNLOAD] "State Idaho v. Thomas Clark Linn" by Supreme Court of Idaho No. 10234 ~ Book PDF Kindle ePub Free

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eBook details

• Title: State Idaho v. Thomas Clark Linn
• Author : Supreme Court of Idaho No. 10234
• Release Date : January 24, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Thomas Clark Linn (defendant-appellant) was charged with First Degree Murder of Telesforo Garcia as the result of a shooting
which occurred outside the Rendezvous Bar, Mountain Home, Idaho, on June 25, 1967. Garcia's brother had been playing Mexican
music on a jukebox at the Rendezvous Bar. Linn turned the volume down and uttered a statement to the effect that he didn't
like Mexicans. An argument ensued between Linn and the Garcias and Linn left the bar. Linn attempted to return and Garcia
chased Linn out of the bar and around a car, kicking Linn in the seat of his pants with pointed cowboy boots. Linn then drove
away from the bar but returned in about 15 minutes. He got out of his car, walked up to the front entrance of the bar and
attempted to enter when two beer bottles were flung in his path. Linn then went across the street to his car, got a shotgun
from the back seat and again proceeded across the street to the Rendezvous. Linn did not go back to the front door of the
bar but walked to the corner. While Linn was standing on the corner Garcia ran out of the front door of the bar, turned right
(in the opposite direction from Linn who was standing on the corner) and then broke a beer bottle which he was carrying. Linn
then lost track of Garcia and fired a warning shot in the air. Linn then proceeded to walk west on East Jackson towards the
El Rancho Diner and as he approached the side door of the Rendezvous which opens onto East Jackson, one Julian Salinas exited
and put his hands up upon seeing Linn holding a gun. Linn continued walking past the side door of the Rendezvous, but then
turned around. At this point Linn heard and saw someone coming rapidly at him. It was Telesforo Garcia, the deceased victim,
who was carrying what Linn assumed to be a broken beer bottle in his hand. Garcia uttered a word in Spanish and Linn brought
his gun around and fired striking Garcia in the head, killing him instantly. The jury found the appellant, Thomas Clark Linn, guilty of Murder in the Second Degree and he was sentenced to the Idaho
State Penitentiary for a term of not to exceed 20 years. Linn has appealed to this Court from the verdict and judgment of
conviction of Second Degree Murder.

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