Commonwealth v Emmons
Super Ct. Penn, 1945
FACTS
-D Mildred Emmons lived on the 2nd Flr apartment. She had purchased a car on a lease, but was two months behind in her payments. The finance company representative came to her apartment but did not speak with her. He and another employee pushed the car backwards onto the street, and lifted the hood. D then shot the employee in the leg.
ISSUE
May a person shoot someone else when the other person is stealing their car?
HOLDING
No.
PROCEDURAL HISTORY
Trial ct. jury found her guilty of aggravated assault, and battery.
-D appealed; Affirmed.
RULES
Deadly force may be used to avert a felony from being committed or to avert serious harm to oneself.
ANALYSIS
-To justify killing someone it must be to prevent the commission of a felony which is either atrocious or a crime of force, murder, rape, arson, burglary, rape, kidnapping, sodomy or the like.
-The taking of human life in connection with the defense of property is valid only where an element of danger exists.
-The D was not protecting her person or her home.
-There was no felony by force or atrocious crime, no danger to her or her habitation and there was no justification in law for her infliction of grievous bodily harm.
Super Ct. Penn, 1945
FACTS
-D Mildred Emmons lived on the 2nd Flr apartment. She had purchased a car on a lease, but was two months behind in her payments. The finance company representative came to her apartment but did not speak with her. He and another employee pushed the car backwards onto the street, and lifted the hood. D then shot the employee in the leg.
ISSUE
May a person shoot someone else when the other person is stealing their car?
HOLDING
No.
PROCEDURAL HISTORY
Trial ct. jury found her guilty of aggravated assault, and battery.
-D appealed; Affirmed.
RULES
Deadly force may be used to avert a felony from being committed or to avert serious harm to oneself.
ANALYSIS
-To justify killing someone it must be to prevent the commission of a felony which is either atrocious or a crime of force, murder, rape, arson, burglary, rape, kidnapping, sodomy or the like.
-The taking of human life in connection with the defense of property is valid only where an element of danger exists.
-The D was not protecting her person or her home.
-There was no felony by force or atrocious crime, no danger to her or her habitation and there was no justification in law for her infliction of grievous bodily harm.
No comments:
Post a Comment