CB State v. Schroeder - State v. Schroeder 261 N.W.2d 759...

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Unformatted text preview: State v. Schroeder 261 N.W.2d 759 (1978) Fact: Procedural Facts: Operative Facts: Defendant Mark Schroeder was a jail cell mate with Gary Riggs (victim). The Defendant had been forced to gamble with the victim and was very scared of the victim. The defendant owed the victim $3,000 in gambling debts, and the victim threatened the defendant that he was going to make a punk out of him (sell him off to other prisoners who commits homosexual acts). The victim then at night told the defendant he might walk and get some of his money. So the defendant woke up in the morning and stabbed the victim in the back and the face, with intent to cause great bodily injury. Issue: Broad Question: Narrow Question: Was the act of stabbing considered a self defense? Rule: First, an actor has a duty to retreat if he can with complete safety, and avoid the necessity of using force by retreating. Second, the actor use of deadly force may be justifiable if the actor believes such force is necessary to protect himself against sexual intercourse compelled by force...
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