BROWN V. UNITED STATES
256 U.S. 355 (1921).
NATURE OF THE CASE: This was an appeal from a conviction for murder.
FACTS: Hermes and Brown (D) had many previous altercations. Hermes said that at the next
fight one of them would die. D took a pistol to work with him. Hermes attacked D with a
knife and D retreated twenty feet to his jacket where he got his pistol. D then fired four
shots and killed Hermes. D was charged with murder. At trial, the judge gave an instruction
that unless retreat would have appeared to a man of reasonable prudence, in the position of
the defendant, as involving danger of death or serious bodily harm, D would not be permitted
to stand his ground. D was convicted of murder and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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