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Criminal Law keyed to Dripps
State v. Barr
Facts
Barr (Defendant) lived in a small house behind an antique store near the University of Arizona. Because there had been a number of recent burglaries and thefts in the area, the store’s owner had asked Defendant to “keep an eye” on the yard where the owner kept old chairs and dressers he was working on. One night, Defendant was awakened by noises coming from all around the house. Defendant looked out the window and saw two men standing and talking and another three more men walking around the yard. Defendant retrieved a pistol, left the house, and confronted the men in the yard. Defendant instructed the men to drop what they were carrying. The men dropped two wooden chairs and then walked up a side alley, ignoring Defendant’s orders to stop. As the men walked away, Defendant fired a couple of warning shots straight up in the air. The men did not stop. Defendant then lowered the gun and fired at a height he thought was still over their heads. A bullet struck Timothy Tylutki in the head, killing him. Defendant was indicted for voluntary manslaughter. At trial, one of the men testified that he and the other men never saw nor heard Defendant say anything until the gun was fired. Defendant’s request that the trial court instruct the jury on justifiable homicide was denied. Defendant was convicted and he appealed.
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