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Criminal Law Keyed to Kaplan
People v. Gleghorn
Facts
Defendant entered a garage where Michael Fairall resided at 3 a.m., yelling for Fairall to come down from the rafters so that Defendant could kill him. When Fairall refused, Defendant threatened to burn him out and lit a small fire. Fairall then used a bow and arrow to shoot Defendant in the back. Leaving his bow behind, Fairall climbed down from the rafters in order to put out the fire. Defendant then set upon Fairall again, and beat him severely. Defendant was convicted of simple assault for his actions upon entering the garage, and of battery with the infliction of serious bodily injury for his actions after being shot by the arrow. Defendant appealed his conviction, arguing that the two verdicts were inconsistent. Defendant argued that because he was found guilty of only simple assault on his initial foray into the garage, Fairall was not justified in using deadly force in response. Once Fairall did employ deadly force, via the arrow, Defendant argued that he was justified in using deadly force in self-defense and could therefore not be found guilty of battery with the infliction of serious bodily injury.
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