People v. Ligouri case brief summary
31 N.E.2d 37 (1940)
CASE FACTS
One defendant shot the deceased, while the other defendant stood by. According to both defendants' statements on the witness stand, the deceased drew a gun and pointed it at the shooter's face and snapped the trigger. The shooter then pulled out two guns and discharged them into the deceased. On the defense of justification, the trial court charged the jury that the shooter was obligated to retreat, unless the circumstances were such that he believed that he was in imminent danger of irreparable injury and the only thing he could have done to protect himself was to act as he did. The shooter urged on appeal that the trial court committed reversible error in such charge, as a felony was being committed upon him when he shot the deceased.
DISCUSSION
CONCLUSION
The court reversed defendants' convictions for murder in the second degree and remanded for a new trial.
Recommended Supplements for Criminal Law
31 N.E.2d 37 (1940)
CASE SYNOPSIS
Defendants challenged an order of the
Appellate Division of the Supreme Court (New York), which unanimously
affirmed judgments rendered upon a verdict convicting each of them of
the crime of murder in the second degree, after a joint trial.CASE FACTS
One defendant shot the deceased, while the other defendant stood by. According to both defendants' statements on the witness stand, the deceased drew a gun and pointed it at the shooter's face and snapped the trigger. The shooter then pulled out two guns and discharged them into the deceased. On the defense of justification, the trial court charged the jury that the shooter was obligated to retreat, unless the circumstances were such that he believed that he was in imminent danger of irreparable injury and the only thing he could have done to protect himself was to act as he did. The shooter urged on appeal that the trial court committed reversible error in such charge, as a felony was being committed upon him when he shot the deceased.
DISCUSSION
- The court agreed, reversed the convictions of both defendants, and remanded for a new trial.
- In so ruling, the court held that, to avoid the felonious aggression against his person, if it occurred, the shooter was justified under N.Y. Penal Law § 1055(2) in standing his ground and, if necessary, destroying the person making the felonious attack.
CONCLUSION
The court reversed defendants' convictions for murder in the second degree and remanded for a new trial.
Recommended Supplements for Criminal Law
No comments:
Post a Comment