Saturday, January 30, 2010

Supreme Court Update (Jan. 29, 2010)

State v. Moore. Defendant and his wife were working a fruit stand when a man grabbed the cash box. The man started physically fighting with the wife during the struggle. The man backed away, then approached again with his hand in his pocket. The defendant's wife screamed for his help, so he came over and shot the thief. Defendant testified that he wasn't going to "wait to see no gun." It turned out the dead guy wasn't armed. Court refused to instruct the jury on self-defense and defense of others. Jury found him guilty of voluntary manslaughter. Held: The trial court should have given the self-defense instruction. Reversed the COA. New trial.

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