COURVOISIER V. RAYMOND
• you can still use self defense rule when you are mistaken, but you have to honestly and reasonably believe you were in danger
• issue in this case – was D’s belief he was in danger reasonable?
• Burglars attempt to rob D, D shoots in the air to get them away
• Crowd milling around outside
• Police officer steps out from the crowd, D shoots him in the belief that he was one of the burglars
• D was in genuine and reasonable fear for his life, even though he was mistaken about the identity of the police officer
• The consequences of the mistake fall on the victim
• Holding: new trial
No comments:
Post a Comment