State v. Fair

211 A.2d 359 (1965)

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Nature of the Case

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Facts

The facts are extremely unclear. Fair had rented a room from Knox. Both Fair and Rudesel lived there together. Rudesel left to purchase some whiskey. Lynn showed up to see Rudesel and waited for him to return. Knox went to bed and left Fair, Lynn, and Rudesel in the kitchen. A short time later Knox was awakened by a crash in the kitchen. He discovered the kitchen table upset, dishes on the floor, and Rudesel sitting in a chair with blood on him. He saw Lynn go out the back door. Officers went to apprehend Lynn. Upon hearing a noise in Lynn's apartment, they broke down the door; wherein they discovered Lynn, sitting in a chair, in front of a stove on which a chicken was cooking. They discovered a bloody polo shirt and Lynn's undershirt also had blood on it. Lynn admitted to assaulting Rudesel. It was alleged that Rudesel had struck Fair. She had grabbed a knife, but Rudesel grabbed her hands and pushed her down in a chair, accusing her of having cut him on the shoulder. Rudesel then took a knife out of his pocket and cut her on the finger. Lynn then jumped up intervened on her behalf, and she ran out the back door and up the stairs to another apartment to call the police. Fair stated that she did not see Lynn cut Rudesel nor did she ever see a knife in his hand, but when she came back downstairs from making the telephone call she saw Knox who told her that 'Rudesel said Jake stabbed him.' The trial court charged only on self-defense but did not charge on the right of Lynn to intervene in defense of Fair. Ds were both convicted. Ds argue that the trial judge, sua sponte, had a duty to charge on Lynn’s right to intervene in defense of Fair and that the failure to so charge, despite his then counsel's failure to request such a charge or to object to the charge as given, constituted plain error.