State v. Nelson

329 N.W.2d 643 (1983)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D and codefendant, Georgia Stigler, are brother and sister. Reuben Stigler, one of the victims of the alleged false imprisonment, is the husband of Georgia. He, Georgia, and Georgia's twelve-year-old child from an earlier marriage lived together in a house that Georgia owned. Georgia rented a room of this house to D. D, who is single and partially disabled, is a devotee of military training, guns, and shooting, and had an extensive gun collection. D returned to his room and discovered that four of his guns, $1000, and other miscellaneous items had been stolen. D told Georgia. Georgia found D, and she accused him of being involved in the theft. She told Reuben that the theft would be reported to the police if the items were not returned by morning. Reuben and his friend, Russell Hill, went to a tavern where they recovered three of the stolen guns. When Reuben and Hill entered the house, they were held at gunpoint by Ds and others. This situation continued for some hours while the balance of the stolen material being sought with phone calls etc.. Reuben and Hill made a dramatic escape from the home; according to Reuben, they upset a table, and he dove through a closed window while Hill fled through the rear door. At this time, the house was surrounded by police and the codefendants were soon arrested. P presented evidence that Ds threatened to kill Reuben and Hill if the rest of D’s property was not returned. D requested an instruction on the justification defense of defense of property. D was convicted and appealed.