I don't think that would even apply theoretically, first-degree murder, you know, because you would have to have an intent to do something, and if you just look at the facts, even if you would want to construct something, I don't think you can even construct first-degree murder.

The (district attorney) can also present, let's say, the first instance, the heavier charge and then subsidiary. If that cannot be proven then, and if that cannot be proven, and then to lighter forms of crimes.

Sometimes, best friends lie for each other. Sometimes, no, I think a lot.

My client keeps on saying he is not guilty.

We intend to charge him under the original warrant, on the charge of attempted first-degree murder. That charge may be reduced by the judicial system, however.

Certain felonies, like robbery, constitute first-degree murder, ... But in this case the third-degree felony is battery -- which is not in the listing of charges -- the beating of Terry King with the bat. For third-degree murder, you only have to show that the defendant intended to commit the battery.