People v. Gleghorn

193 Cal.App.3d 199 (1987)

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Nature of the Case

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Facts

Melody shared her house with Gleghorn (D). She also shared it with Mike for $150 per month. As part of the rent, Melody thought Mike was to give her a stereo. Mike thought she was just borrowing it. When he asked for it back, she had sold it. In return, Mike smashed the windows in her car, dented, the body, and slashed her tires. Mike then broke her door down, scattered her belongings, and broke her aquarium freeing her snake. Melody told D about the incident and D decided to teach Mike a lesson around 3 that morning. Mike refused to confront D who was itching for a fight, but D threatened to burn him out and set fire to the garage Mike was living above. Mike took his bow and arrow and fired a shot. When he swung down to put out the fire, Mike was hit from behind. D was apparently hit in the back by the arrow and was so mad he continued to pummel Mike. D fractured, Mike’s jaw, knocked out 6-10 teeth, mangled two fingers, and lacerated a large number of Mike’s body parts. Mike also suffered burns on the palms of his hands. D was found guilty and moved for a new trial; the verdicts were contrary to law and evidence. D contends that because the jury found his acts prior to being shot with the arrow were simple assault, he as entitled to defend himself with deadly force from being shot by Mike with the arrow. Because he had the right to self-defense, he could not be convicted of the other crimes.