Chapter 124: Dissent
"Okay, you go on. Fang Chaoyang said.
"The two of them usually fight, I don't know how many times I went to persuade him, Liu Zhu is a wine devil, he doesn't drink much, he gets drunk when he gets drunk, he beats and scolds people when he gets drunk, he doesn't even know his wife, he is a bear. I feel that it is not easy for a woman to go into a family, and I have been persuading my sister not to be like him, who doesn't quarrel......"
He Maolin's next narration was still very abrasive, and he talked about it for half an hour, and his mouth was dry before he finished speaking.
He Maolin didn't find out that Liu Zhu was carrying a pig-killing knife at first, otherwise, he would not have let his sister quarrel and divorce him. When Liu Zhu was close to his sister, he suddenly made a move, and after pulling out the knife, he wanted to continue to stab, which was completely crazy.
"Now, the prosecutor can question the accused. Fang Chaoyang said.
Yuan Dan got up and asked, "Defendant, what was the state of the victim Liu Zhu after he was hit by your beer bottle for the first time?"
"He fell to the ground, his skull was bleeding, his mouth was still cursing, killing this, smelly woman......"
"Now that the illegal infringement has been stopped, why do you continue to fight?" Yuan Dan asked again.
"What is the illegal invasion?" He Maolin asked puzzled.
"Is that his aggression against your sister?" Yuan Danzhi frowned, feeling that it was particularly difficult to talk to He Maolin.
"What did you just ask me?" He Maolin forgot when he turned his head.
"Since he has fallen, why do you want to continue to attack him with a wine bottle?" Yuan Dan asked in as easy to understand words as possible.
"My sister is already like that, besides, I'm also scared, he has a knife in his hand!"
"How many hits together?"
"I forgot, my whole mind was mixed up. He Maolin showed an expression of hard thinking, and scratched his head vigorously.
"Can you call the police or call the emergency number to treat the victim Liu Zhu in time?" asked Yuan Dan again.
"I don't care about him, my sister is dying, lying there with no breath. He Maolin said.
"Presiding Judge, my questioning is over. Yuan Dan said.
"Please sit down!" Fang Chaoyang pressed his hand and turned his head to the other side, "Please ask the defender to question Liu Zhu." ”
Defense lawyer Tian Yunsu stood up from the defense seat, she was in her early thirties, her skin was fair, she was very thin, her ears were short, her hair was short, and she wore a pair of black-framed glasses, and she looked very shrewd and capable.
"Hello presiding judge, hello two jurors, first of all, I want to make it clear that I am representing this case without pro bono and only want to do justice. ”
"We know, let's start asking!" Fang Chaoyang nodded.
"Defendant He Maolin, were you drunk at the time?" Tian Yunsu asked.
"I wasn't drunk, two beers were just right, and I only had one bottle at the time. He Maolin replied.
Tian Yunsu frowned, this was obviously not the answer she wanted, if the defendant was in a drunken state and unconscious, the court would reduce the sentence as appropriate.
He Maolin is also very realistic, he did not hide any facts, in his opinion, his sister is in danger, and it is only right to protect his sister.
Again, the line between justifiable defense and intentional homicide is very blurred in such cases, and it is difficult for judicial organs at all levels to grasp it.
"Did Liu Zhu attack you?" Tian Yunsu asked again.
"I ran to him with a bottle, and he was red-eyed and rushed at me with a knife, looking like he wanted to kill me. He Maolin said.
"Why aren't you hurt?"
"It's all my sister!" My sister hugged his legs, and I dodged the bastard's knife. ”
"After you hit Liu Zhu on the head, was he already dying, or was he about to die?" Tian Yunsu asked again.
"Then how do I know if he's dying? Anyway, his face was bleeding all over his face, and when I picked up my sister, he threw the knife over, almost stabbing me in the leg. He Maolin said.
"Have you ever had a conflict with Liu Zhu before?"
"He always beat my sister, and my sister went back to her parents' house to cry, and I was angry in my heart, and I scolded him several times. ”
"Have you ever had a physical altercation? Did you use your hands?"
"Not really, I'm honest, I'm a little afraid of him, he's as strong as a cow. He Maolin said.
"That means that there was no feud before?" Tian Yunsu asked.
"I object to the fact that the defender is suspected of inducing the defendant to reply to the contents. Prosecutor Yuan Dan raised his hand.
The objection is invalid, the defendant replied to the question. Fang Chaoyang said.
"No, sometimes in order to make my sister less beaten, every New Year's Day, my family doesn't want his things, I also sent him a lot, I want my sister to have a better life. He Maolin said truthfully.
"Presiding Judge, my questioning is over. Tian Yunsu said.
I have to say that Tian Yunsu is a good lawyer with experience, and the questions are all on the point, Fang Chaoyang cast an approving look at her, and Tian Yunsu smiled back.
"Let's present evidence in court and cross-examine the evidence. First, the prosecutor presents evidence to the court on the facts alleged in the indictment. Fang Chaoyang said.
Public prosecutor Li Chunlei got up and first showed a photo of the beer bottle that was used as the murder weapon, the bottle was not broken, it was stained with blood, and at the same time attached a police inspection report, confirming that the fingerprints on it belonged to He Maolin.
"Ask the bailiff on duty to show the documentary evidence to the defendant. Fang Chaoyang said.
The bailiff took the documentary evidence and put it in front of He Maolin, and Fang Chaoyang continued to ask: "Defendant He Maolin, have you seen it clearly?"
"I have good eyes and can see clearly. He Maolin said.
Immediately after, the bailiff handed over the documentary evidence to the judge's seat, Fang Chaoyang, Gao Yiwei, and Mu Fan all looked at it carefully, nodded to each other, and then returned it to Li Chunlei.
"Defendant He Maolin, do you have any objections to this documentary evidence?" asked Fang Chaoyang.
He Maolin showed a puzzled look, obviously not understanding, Fang Chaoyang asked helplessly: "Is there any opinion, you have used the beer bottle, right?"
"No opinion, it's what I used, six-star brand beer, three pieces of three-one bottle. He Maolin nodded.
"Does the defender have any objections?" Fang Chaoyang asked.
"Yes!" Tian Yunsu raised his hand and said.
"Please!"
"The prosecutor used the wrong word, and the beer bottle should not be labeled as a murder weapon. Tian Yunsu said.
Li Chunlei's face was a little unsightly, and he said: "The defendant used this beer bottle to attack Liu Zhu to death, and did not mark the murder weapon, so what should be marked?"
"Beer bottles are not controlled instruments and should be marked as infringing substances. Tian Yunsu emphasized.
"Lawyer Tian, don't pick words, it doesn't make much sense. Fang Chaoyang waved his hand to stop.
"In short, I don't think a beer bottle can be classified as a murder weapon, it doesn't have the attributes of a murder weapon. Tian Yunsu said stubbornly.
In court, this is not surprising, as defense lawyers often use familiar legal provisions to constantly argue with the prosecution in order to make their arguments reasonable.
"Prosecution, please continue to present evidence. Fang Chaoyang said.