State v. Barr

565 P.2d 526 (1977)

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Nature of the Case

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Facts

The owner of an antique business asked Barr (D) to keep an eye on his yard wherein that owner kept old chairs used to repair other furniture for sale. One night, D was awoken by a noise and got up and saw tow mend standing by his home and urinating on a wall. D looked out another window and saw three more men milling about the in the antique yard. D took his pistol, left his house and confronted two of the men who were told that D did not appreciate their urinating on his wall. D then confronted two men in the antique business yard who when told to, dropped a couple of chairs and then walked up the alley ignoring D's orders to stop. D fired warning shots and then felt a rock whiz by his head. D then lowered his aim thinking the bullet would fly over their heads but struck one of them in the head and leg and killing the 19-year-old youth. D was tried and convicted and appealed. The trial court refused to allow his defense that the killing was justified because he was attempting to apprehend a fleeing felon.