483 F.2d 1222.
Dressler, pp. 453-458
Facts: Peterson and the victim had an argument outside Petersonís home.† Peterson went into his house and got his gun.† The victim got a lug wrench from his car and approached Peterson with it raised.† Peterson told the victim to stop or else he would shoot.† The victim didnít stop, and Peterson shot and killed him.† Peterson was tried and convicted for second-degree murder and manslaughter.† He appealed on the basis of two jury instructions that he objected to.
Issue: Did Peterson have a valid justification of self-defense?
Conclusion: The defendantís conviction is affirmed.