October 31, 2011
- 203 Homicide
- 203VI Excusable or Justifiable Homicide
- 203VI(B) Self-Defense
- 203k792 Apprehension of Danger
- 203k795 k. Reasonableness of Belief or Apprehension.
If on Halloween, defendant confronts a costumed stranger on street and shoots him in the honestly held belief that the stranger is a menacing alien from Mars intent upon his immediate destruction, jury is not entitled to judge reasonableness of defendant’s conduct, in connection with claim of perfect self-defense, on assumption that victim was, in fact, an alien from Mars intent on harming defendant.
State v. Marr, 765 A.2d 645 (Md. 2001)
Suggested by Jody R. Nathan, Partner; Stauffer & Nathan; Tulsa, OK