State v. Rupp

282 N.W.2d 125 (1979)

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Nature of the Case

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Facts

There was a drinking party at the Hi-Lo Lodge. Curtis Sederburg and a third party, Bud Wolf, argued about change for a $10.00 bill in connection with paying off a bet. D became involved, and it continued outside after the parties left the Hi-Lo. Things got out of hand, and Sederburg started toward D, who produced a .38 caliber revolver and shot him. D fled the scene and was later arrested at his home. D was charged with assault with intent to commit murder and possession of firearms by a felon. D admitted he shot Sederburg. D claimed he was justified. D claimed he was in reasonable fear that Sederburg intended to do him serious injury. He gave detailed testimony of bad blood between them, of several prior assaults by Sederburg, and of Sederburg's threats to kill him. D insisted he was justified in shooting without first taking an alternative course of action. The trial court refused to include this element in the instructions. D testified that he and Sederburg had a bad history with Sederburg inflicting serious physical injuries upon D and also threatening to kill him as well and threatening his family members. During trial, D raised objections to just about every instruction given by the trial court and requested his own instructions on almost every material issue. The trial court rejected them all. D was found guilty and appealed.