STATE V. MITCHESON
560 P.2d 1120 (Utah 1977)
NATURE OF THE CASE: This was an appeal from a murder conviction.
FACTS: Mitcheson's (D) father purchased a vehicle from Herrera. A dispute developed over
the tires and wheels of the van. D and Herrera had several heated arguments resulting in
threats of physical violence. Herrera and a friend entered the premises of D's sister's
house. D's sister told them to leave but they refused. D shot and killed Herrera during the
event. D was charged with second degree murder. D contended that he was justified in using
force in protecting his habitat from invasion. The trial court refused to instruct on this
point because D's sister's house was not his habitat. D was convicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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