State v. Nargashian case brief

 

• State v. Nargashian-D and Nigohian conspired to get the deceased drunk so he could not meet some girl at a barn and D would go meet her in his place. Nigohian took the deceased to the barn and D also voluntarily went there. Upon his arrival, Nioghian who was older and stronger threatened him with death if he didn’t help kill the deceased. Nioghina grabbed an axe and D held the deceased hands and he also grabbed his throat while Nioghian robbed him
  • Duress in homicide:
    • Possibility of ∆ having a complete defense
      • Ct says that it is only sympathetic to the most extreme version It is NEVER okay to kill an innocent person, it is better to die yourself…
  • Should it be a complete or partial excuse?
    • Treated like provocation reduces murder to manslaughter
    • Standard of provocation if not that a reasonable person would have killed, but would have gotten MAD
    • Standard for duress is if a reasonable person would have KILLED, harder to prove