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Criminal Law keyed to Dripps
People v. La Voie
Facts
La Voie (Defendant) was stopped at a traffic light on his way home from work at approximately 1:30 a.m. when another vehicle hit his rear bumper. There were four drunk men in the vehicle, none of whom Defendant knew, who had decided it would be amusing to ram his car and force it forward. The vehicle then accelerated and intentionally moved Defendant’s car ahead through the red light. Defendant’s brakes could not stop the continued force, leaving a trail of skid marks. When Defendant was finally able to stop the car, he got out, armed with a gun, which he had a permit to carry. The four men also got out and approached Defendant, making violent threats and using profane language. One of the men continued toward Defendant threateningly, and Defendant shot him, ultimately killing him. Defendant was charged with murder. Following the presentation of evidence, Defendant moved for a directed verdict of not guilty. The trial court granted the motion, concluding that the record clearly showed that Defendant’s act amounted to justifiable homicide. The People filed a writ of error and petitioned for an opinion disapproving the directed verdict from the Supreme Court of Colorado.
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