Unformatted text preview: 1) He must be free from fault in brining on the difficulty with his adversary 2) He must reasonably believe ( though he need not correctly believe) both a. His adversary will, unless forcibly prevented, immediately inflict upon him a fatal or serious bodily injury b. That he must use deadly force upon the adversary to prevent him from inflicting such an injury If one who is not his adversary with these two actual and reasonable belief in his mind, his homicide is justified, and he is guilty of no crime. (not murder, not manslaughter, but no crime). Rational: Since the defendant was free from fault in brining on the difficulty with his adversary, he did not believe this fight would be fatal or cause serious bodily injury. Holding: No, the defendant has an imperfect Self-defense claim. This claim if the defense of self defense isn’t completed. And can reduce a murder charge not to a “no crime” but to a manslaughter. Synthesis: Dissent/Concurrences:...
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- Spring '11
- Injury, Automobile, Manslaughter, Physical trauma