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JerryM · November 17, 2010, 05:47 PM

I suspect that if you shot the man in a similar circumstance you would be charged, and who know what would happen with the jury?
If I were on the jury I would be hard pressed to consider that the older man with the cane was a deadly threat. You would have to prove that you had a legitimate fear of death or great bodily harm and that you were not able to avoid an attack.

If the person had to use a cane he would, by assumption, be handicapped to the extent he could not pursue or out-maneuver you. If you saw him before he actually attacked you I would assume that you should be able to avoid being hurt badly enough to justify deadly force.

Regards,
Jerry

November 17, 2010, 05:47 PM	#31
JerryM Senior Member Join Date: April 4, 1999 Location: New Mexico Posts: 1,889	I suspect that if you shot the man in a similar circumstance you would be charged, and who know what would happen with the jury? If I were on the jury I would be hard pressed to consider that the older man with the cane was a deadly threat. You would have to prove that you had a legitimate fear of death or great bodily harm and that you were not able to avoid an attack. If the person had to use a cane he would, by assumption, be handicapped to the extent he could not pursue or out-maneuver you. If you saw him before he actually attacked you I would assume that you should be able to avoid being hurt badly enough to justify deadly force. Regards, Jerry __________________ Ecclesiastes 12:13 ¶Let us hear the conclusion of the whole matter: Fear God, and keep his commandments: for this is the whole duty of man. 14 For God shall bring every work into judgment, with every secret thing, whether it be good, or whether it be evil.