State v. Garrison

525 A.2d 498 (1987)

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Nature of the Case

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Facts

D was visiting his sister's apartment, when Jeremiah Sharp, arrived on the premises. Sharp had been living with D's sister intermittently for the past four years and had his clothes in the apartment, but they had recently quarreled anew. Sharpe arrived intoxicated and immediately got into an argument with D's sister, which D tried to stop. D's sister went to her bedroom, but the argument continued with D urging Sharp to leave. In the course of the argument, Sharp reached inside his jacket and D noticed a pistol in Sharpe's waistband. Sharp was the larger man. D was younger, alert, and sober, while Sharp was drunk, staggering, and not in full control of himself. D disarmed Sharp by removing the pistol from his waistband. Sharp then armed himself with a steak knife and advanced toward D with the knife held high. D backed up, and fired a shot, hitting the victim in the left ankle. Instead of backing up further into an adjacent room, D fired a second shot which caused a fatal injury. D moved for a judgment of acquittal of manslaughter. The court denied the motion. D appealed.