483
F.2d 1222.
Dressler,
pp. 453-458
Facts: Peterson and the victim had
an argument outside Peterson’s 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 didn’t 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?
Rule:
Analysis:
Conclusion: The defendant’s conviction
is affirmed.