Nature of the Case
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Facts
D's house was burglarized during the night while no one was at home. D told a neighbor, Art Sanchez, about the theft. The following day, Sanchez informed D that a person named Edie had asked Sanchez if he knew anyone who wanted to buy a stereo. Sanchez related to D Edie's description of the stereo and D concluded from the description that the stereo might be his. D devised a plan for recovering his property. Sanchez would have Edie bring the stereo to Sanchez' house for sale, D and some friends would grab Edie, and then they would notify the police. Sanchez warned D that Edie was dangerous and unpredictable. Edie was a narcotics addict usually 'high' on drugs; who had just been released from prison, where he had been a member of a prison gang. Edie stole for a living, and he sometimes carried a gun. Sanchez and Cabrera visited Edie, saw the stereo, agreed to purchase it for $400 (which D supplied), and returned to Sanchez' house to complete the transaction. Cabrera gave the $400 to Edie, who then helped to carry the stereo speakers into the house from his car, and left. When Cabrera announced that Edie was leaving, D went to the kitchen, identified the stereo as his, and went outside, where he saw Edie in his car. D told Edie to 'freeze' and get out of the car. Cabrera opened the passenger door and tried to grab Edie, telling him to stop and get out. Edie then reached under his seat, causing both D and Cabrera to believe that he was reaching for a gun. They both stepped back, and Edie accelerated, hitting two trees with his open passenger door. D was armed with a loaded 9-mm. automatic pistol. D fired into the driver's door of the car. D feared that Edie would run over him or Cabrera and get away. Edie then shifted forward and accelerated down the street, and Dt gave chase. D testified that he saw the brake lights go on, and thought Edie was going to stop and shoot. D fired at the car, emptying the gun. Edie died of a bullet wound in his chest. The trial court refused to give an instruction to the effect that homicide is justifiable 'when necessarily committed in attempting, by lawful ways and means, to apprehend any person who has committed burglary of the first degree.' D was convicted of involuntary manslaughter and put on probation. D appealed
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