State v. Mitcheson

560 P.2d 1120 (Utah 1977)

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Nature of the Case

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Facts

Mitcheson's (D) father purchased a vehicle from Herrera. A dispute developed over the tires and wheels of the van. D and Herrera had several heated arguments resulting in threats of physical violence. Herrera and a friend entered the premises of D's sister's house. D's sister told them to leave, but they refused. D shot and killed Herrera during the event. D was charged with second-degree murder. D contended that he was justified in using force in protecting his habitat from invasion. The trial court refused to instruct on this point because D's sister's house was not his habitat. D was convicted and appealed.