Brown v. Martinez
68 N.M. 271, 361 P.2d 152 (1961)
Facts: Some kids entered a garden; the landowner shot away from them, hoping to scare them, and actually hit a kid running in the other direction.
Procedure: Trial court dismissed claim for damages by Brown; he (on behalf of his son) appealed.
Issue: Can you shoot somebody for being on your property?
Holding: No.
Reasoning: People > property.
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2 comments:
issue is wrong. yes you can shoot someone if there is threat of a felony being committed in the dwelling, or if entry was violent and the shooter has a reasonable belief that such force is necessary to stop an assault to him or another in or on the property.
It's also worthwhile to mention transferred intent in this case. The man wanted to commit assault but committed a battery.
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