[DOWNLOAD] "People State New York v. Irwin Shanis" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Irwin Shanis
- Author : Court of Appeals of New York
- Release Date : January 19, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Memorandum. From the outset the defendant admitted striking the decedent. The primary question was whether he was justified in doing so (Penal Law, § 35.15). The defense submitted testimony that the decedent not only provoked the defendant by heaping abuse on him and his wife, but that he also proceeded to assault both of them before the defendant struck any blows. And the defendant, taking the stand in his own behalf, stated that he acted as he did only "to prevent him [the decedent] from swinging at me and hurting me or my wife any further." The court, in charging on this point, told the jury that they could acquit the defendant only if they found that he justifiably acted in self-defense. The court refused to charge that they could reach the same result if they found that he justifiably acted in defense of his wife. This was clearly error for resort to justifiable use of force is not limited to self-defense but extends to the defense of "a third person" as well (Penal Law, § 35.15, subd. 1) and the trial proof adequately raised this alternative ground as a question of fact for the jury to decide. While it is true, as the prosecutor notes, that [36 N.Y.2d 697 Page 699]
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