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Thacker (D) and two others became intoxicated. The trio passed Mrs. Ratrie's tent when D declared, 'I am going to shoot that God-damned light out.' After being denied permission to sleep there, the three started away again, and D once again proclaimed his intention to shoot the light out. D fired three shots at the tent. Two of the shots narrowly missed Mrs. Ratrie, and her child D was tried for attempted murder and convicted. D appealed; he never intended to shoot anything except the light.

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