United States of America v. Bennie L. Peterson

Facts

Charles Keitt, the deceased, and two friends drove in Keitt’s car to the alley in the rear of the defendant’s house to remove the windshield wipers from the latter’s wrecked car. While Keitt was doing so, the defendant’s came out of the house  into the back yard to protest. After a verbal exchange, the defendant’s went back into the house, obtained a pistol, and returned to the yard.

He told Keitt that if he moved, “I will shoot.” He walked to a point in the yard slightly inside a gate in the rear fence and, pistol in hand, said, “If you come in here I will kill you.” Keitt alighted from his car, took a few steps toward Peterson and exclaimed, “What the hell do you think you are going to do with that?” Keitt then walked back to his car and got a lug wrench. With the wrench in a raised position, Keitt advanced toward the defendant, who stood with the pistol pointed toward him. The defendant warned Keitt not to “take another step” and, when Keitt continued onward, shot him in the face from a distance of about ten feet. Death was apparently instantaneous.

He was convicted of manslaughter. He appealed, arguing that he acted in self-defense.