Nature of the Case
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Facts
Hermes and Brown (D) had many previous altercations. Hermes said that at the next fight one of them would die. D took a pistol to work with him. Hermes attacked D with a knife and D retreated twenty feet to his jacket where he got his pistol. D then fired four shots and killed Hermes. D was charged with murder. At trial, the judge gave an instruction that unless retreat would have appeared to a man of reasonable prudence, in the position of the defendant, as involving danger of death or serious bodily harm, D would not be permitted to stand his ground. D was convicted of murder and appealed.
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