Commonwealth v. Emmons case brief

Commonwealth v. Emmons case brief summary
43 A.2d 568 (1945)

CASE SYNOPSIS

Defendant was charged with assault and battery with intent to murder, aggravated assault and battery, and simple assault and battery. A jury in the Quarter Sessions Court, Delaware County, Pennsylvania, found defendant guilty of aggravated assault and battery. The trial court overruled defendant's motion for a new trial. Defendant appealed.

CASE FACTS
Defendant possessed a vehicle under a bailment lease. She was two months behind in payments. The victim and another worker sought to repossess the vehicle in broad daylight, while keeping the peace. Defendant shot and seriously injured the victim as he was assisting in the towing of the vehicle. Defendant contended that she was justified in shooting the victim because she thought he was committing a felony by taking her vehicle.

DISCUSSION

• On appeal, the court held that defendant was not justified in shooting the victim. 
• The court found that that defendant was not defending her person, or her home or "castle." 
• The court held that that there was no felony by force, or any atrocious crime to be prevented. 
• The court found that that there was no danger to defendant or her habitation. 
• The court held that that there was no force by an intruder for her to repel. 
• In affirming, the court held that there was no justification in law for her infliction of grievous bodily harm to the victim.

CONCLUSION
The court affirmed the trial court's judgment that convicted defendant of aggravated assault and battery.


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