Crim199-1

*See:* Case history

# Brief for the King, submitted by Dalaena
```

King's Brief for the Prosecution of Balak for the Murder of Smoky Submitted by Dalaena

On Hoerfest 15, 198, a huge disturbance occurred in the Green Griffon. A fighter named Smoky was drinking heavily, throwing up, and pinching posteriors. He was ordered to cease drinking by the archmage, Balak. Smoky proceeded to keep drinking and pinched Balak once again. Balak attacked with a lightning bolt, which severely singed the naked and unarmed Smoky. The attack occurred when no one else was in the tavern, and Smoky ran for his guild.

Balak states that he met up with Smoky about half an hour later in front of the Fighter's Guild on the North Road and 'pushed him off with a missile'. He then stated that Smoky 'landed somewhere east of there' and then died. He also states that he did not chase Smoky to the Fighter's guild.

Socrat of the psion's guild witnessed the missiles hitting Smoky and his subsequent death. He saw Smoky rush into the streets in front of the fighter's guild. Balak came in soon behind him and hit Smoky with a missile. Socrat testifies that Smoky never even lifted his hand in defense. He shrugged off his mortal coil and left for the realm of Mortis.

Balak's testimony conflicts somewhat with Socrat's. He testified that he ran into Smoky a while later, but from Socrat's view point, Balak was right on the heels of Smoky and ready to missile. Smoky also testifies that Balak hunted him down. Balak hunted Smoky and slew him for pinching him on the butt twice. He also made the following statement for the public much later on the 9th of Twilight, 198:

```
Balak [threshold] I want to publically apologize to the fighter guild,
     Emirikol, and all citizens of Sable Kingdom for arrogantly and
     wrongfully killing Smoky over nothing but two pinches.  If Emirikol
     thought his actions were insulting, then he would have stoped them
     himself.  I took justice into my own hands and because of my ignorance,
     I acted wrongly.
```

He admits to the murder.

The prosecution would like to point out that Balak was aggravated in the Green Griffon and that he asked Smoky to quit his antics. Balak's initial assault could possibly have been justified, but hunting someone down and killing him is simply murder. We would also like to point out that Balak gave an inaccurate testimony and attempted to mislead the investigating officer. We recommend that Balak is fined with these facts in mind.

Sincerely,

Dalaena, Justicar of Bilanx

# Brief for the Defense, submitted by Balak
```

I was minding my own buisness, drinking my ale in the tavern of Emirikol, when Smoky walked into the tavern and bought 10 shots of whiskey. He apparently was already drinking ale because he took two draughts before he started pounding the whiskey. He was in a state of pure drunkedness and I avoided him as best as possible.

I noticed that he vomited once so I asked him to please be polite and leave the tavern. He did not take my advice and continued to drink. Then he pinched everybody's bottoms as he continued to pound on the whiskey. Vivaldi was present during all of this and did not seem to be annoyed. I did express my objections to Smoky's offensive actions and asked him once again to leave. He did not and pinched everybody's bottoms once more. He was being belligerent so I attacked him with missiles with the intent on shocking him out of the room. It worked and I was pleased but the room had vomit in it and I had lost my desire to stay in the well respected tavern.

I left for Maelstroms and ran into him again on the North road. I was surprised by him and attacked him to once again get him away from me. I proceded north after he left east. Apparently someone saw him dead east of where I attacked him. I know now that I was too hasty in my attacks. He was a mere annoying drunkard and his pinches and vomit disgusted me to the point of anger. When I saw him on the street I could not stand the sight of him so I attacked him. I still think the attack was prudent in that it sobered him up to the fact that being belligerent to customers at the tavern might have harmful consequences. I did not see Emirikol express any complains but I did see harm in allowing such behavior to his buisness.

## Judgment: Crim199-1j

```
King's Bench of Sable

                        )
Rex,                    )
                        )
                        )
v.                      )       Crim199-1
                        )
                        )
Balak,                  )       DECIDED: Dawn 14, 200
Defendant               )
                        )
________________________)
```

**Charge:**

Balak stands accused of the murder of Smoky.

**Findings of Fact:**

On Hoerfest 15, 198, Smoky was drunk and disorderly in the Green Griffon
Tavern. He was vomiting, pinching people on the butt, and making a general
nuisance. He was definitely a menace to himself and to everyone present.
Balak was offended, and shot him with a lightning bolt. Smoky fled. Later,
Balak attacked Smoky and killed him

**Discussion:**

Both the prosecution and the defense agree on most of the facts. The only difference is that the defense states:

From Crim199-1d:

```
        I left for Maelstroms and ran into him again on the North road.
        I was surprised by him and attacked him to once again get him away
        from me... ...When I saw him on the street I could not stand the
        sight of him so I attacked him.
```

This is absolutely unacceptable behavior for citizens of Sable. You do not attack people because you cannot "stand the sight of" them.

Balak was insulted. The vomiting and butt pinching were most likely enough to constitute an insult under Rex v. Bandle. However, this was not a GRAVE insult, thus the response must be somewhat proximate to the insult.

It is a well known facet of Rex v. Bandle that the degree of the insult is the crucial factor when determining how long a legal right to retaliate shall sustain.

The prosecution's account seems to tell a story of Balak acting out of immediate anger toward Smoky:

From Crim199-1p:

```
        He (Balak)testified that he ran into Smoky a while later, but from
        Socrat's view point, Balak was right on the heels of Smoky and
        ready to missile. Smoky also testifies that Balak hunted him down.
```

If the above were true, I would be finding Balak INNOCENT of these charges. It is easy for the court to understand the immediate and justifiable anger of someone vomiting all over the tavern and pinching your butt against your will. However, this insult is not terribly severe, and thus the window for legal retaliation is smaller. In other words, since the insult was not that great, the shorter the span between insult and slaying, the more likely it would be for Balak to be found not guilty.

This court will not allow a defendant to benefit from the failing memories of the victim or a witness. The testimony of the defense must be taken as true if it serves against him or her.

In summary, Balak testified in his brief that his attack and slaying of Smoky occurred some time after the insult. Further, it was after Balak had achieved his original goal of "shocking him out of the room" (Crim199-1d). Thus, there can be no other determination than the fact that his slaying of Smoky was nothing but a vindictive murder, committed long after the effect of the insult had worn away.

**Holding:** Murder - Guilty

**Sentence:** Balak will pay a fine of 50 orb to the Justicars, with 20 orb to be disbursed to Smoky whenever the Justicars are able to contact him. Payment of both fines must be made before the first of Renascii.

Failure to pay will result in **DEATH** without a hearing.

By the Will of Bilanx - Judge of Sable