Super Ct. Penn, 1945
-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.
May a person shoot someone else when the other person is stealing their car?
Trial ct. jury found her guilty of aggravated assault, and battery.
-D appealed; Affirmed.
Deadly force may be used to avert a felony from being committed or to avert serious harm to oneself.
-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.