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Criminal Law Keyed to Ohlin
United States v. Peterson
Citation:
482 F.2d 1222 (1973)Facts
Charles Keitt and two friends drove to the alley in the rear of the defendant’s house to remove the windshield wipers from his car. While Keitt was doing so, the defendant came out of the house. After a verbal exchange, the defendant went back inside and returned with a gun. He told Keitt that he would shoot him if he moved. Keitt asked “what the hell do you think you are going to do with that?” and then Keitt walked back to his car and grabbed a lug wrench.
With the wrench in a raised position, Keitt advanced toward the defendant, who stood with the gun pointed toward him. The defendant warned him not to take another step, and when Keitt continued to walk towards him, the defendant fatally shot him.
He was convicted of manslaughter. He appealed.
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