Criminal Law keyed to Dripps
People v. McNeese
Facts
Vivian Daniels entered into an oral agreement with Robert Earl McNeese (defendant) for Vivian to stay at Defendant’s apartment, pay rent, and on the condition that her common-law husband John Daniels, never enter the premises. John Daniels had a reputation for not liking African-Americans. Defendant was an African-American. After about three months, Defendant made unwanted sexual advances on Vivian and she decided to move out. Vivian went to an apartment shared by John Daniels and Keith Tollefson. Immediately thereafter John and his friend David Wessels, and Vivian went to Defendant’s apartment to collect some of Vivian’s belongings. While there, John choked Defendant and threatened to kill him if he harmed Vivian again. Defendant stabbed and killed John and Wessels and stabbed Vivian in the head, wounding her. Vivian ran out of the apartment and called the police. Defendant was charged with first-degree murder and first-degree assault. After a preliminary hearing, the county court bound Defendant over for trial on two counts of second-degree murder. Additionally, Defendant was bound over for trial on the attempted first-degree murder and first-degree assault charges arising out of the stabbing of Vivian. Defendant filed a motion to dismiss, alleging that he was immune from prosecution under the state’s “make-my-day"statute. The trial court granted Defendant’s motion. The court of appeals affirmed.
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