UNITED STATES V. PETERSON
483 F.2d 1222 (1973)
NATURE OF THE CASE: Peterson (D) appealed from a sentence following a jury conviction for manslaughter in an altercation that resulted in a fatal shooting.
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 back yard 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.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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