United States v. Peterson

483 F.2d 1222 (1973)

Facts

Keitt and two friends drove in Keitt's car to the alley in the rear of D's house to remove the windshield wipers from D's wrecked car. D came out of the house into the backyard to protest. After a verbal exchange, D went back into the house, obtained a pistol, and returned to the yard. Keitt had reseated himself in his car, and he and his companions were about to leave. D paused briefly to load the pistol. He said, 'If you move,' he shouted to Keitt, 'I will shoot.' D walked to a gate and then said, 'If you come in here I will kill you.' Keitt alighted from his car, took a few steps toward D and exclaimed, 'What the hell do you think you are going to do with that?' Keitt then made an about-face, walked back to his car and got a lug wrench. With the wrench in a raised position, Keitt advanced toward D, who stood with the pistol pointed toward him. d warned Keitt not to 'take another step' and, when Keitt continued onward, shot him in the face from a distance of about ten feet. Death was apparently instantaneous. The trial judge gave the jury instructions. D objected to the instructions because he claims there was no evidence that he either caused or contributed to the conflict.