State v. Faulkner

483 A.2d 759 (1984)

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Nature of the Case

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Facts

Jimmy and Rickey, became embroiled in an argument with D outside of a Baltimore City bar. It quickly escalated into a fight between Jimmy and D. D believed that Jimmy was armed with a knife, and produced a handgun and began firing. D shot Rickey twice in the chest as Rickey tried to push his brother from the handgun's line of fire. There was considerable conflict as to what led D to believe that Jimmy was armed with a knife, which participant was the aggressor at various stages of this imbroglio, who entered into the melee mutually and willfully, and who was simply acting in self-defense. D was charged with assault with intent to murder and related offenses. At trial, Jimmy claimed that after he swung and kicked at D, D produced a handgun, placed it directly in Jimmy's face, and pulled the trigger. The weapon, however, misfired. D disputed this account, arguing that Jimmy was the first participant to resort to lethal force. In support of his contention, D testified that he knew that Jimmy carried a knife and that someone in the crowd had yelled that Jimmy had a knife. Indeed, Jimmy conceded at trial that at the time of this imbroglio he had an open pocket knife in his back pocket. Based upon these perceptions, D contended that he believed that Jimmy was approaching him with a knife with the intent to inflict death or serious bodily harm, in response to which D produced the handgun and began firing. The court instructed the jury as to the defenses of justification by way of self-defense and mitigation by way of hot-blooded response to the provocation of mutual combat. The court declined D's request that the jury also be instructed as to the defense of 'imperfect self-defense.' D was found guilty of assault with intent to murder and related handgun offenses. The Court of Special Appeals reversed, holding that the trial court erred in refusing to instruct the jury as to the defense of imperfect self-defense. P appealed.