Lexplug logoLexplug

People v. La Voie

Supreme Court of Colorado
395 P.2d 1001 (1964)
ELI5:

Rule of Law:

A person may use deadly force in self-defense, and such a homicide is justifiable, if they have reasonable grounds to believe, and do in fact believe, that they are in imminent danger of being killed or receiving great bodily harm.


Facts:

  • The defendant, a pharmacist, was driving home from work at approximately 1:30 A.M.
  • A car occupied by four intoxicated men intentionally rammed the defendant's car from behind for 'kicks'.
  • The men used their car to forcibly push the defendant's car for a substantial distance and through a red traffic light.
  • After the cars stopped, the defendant exited his vehicle and placed a revolver, which he was permitted to carry, under his belt.
  • The four men exited their car and advanced toward the defendant, verbally threatening him with violence and using obscene language, saying they would 'make you eat that damn gun' and 'mop up the street with you'.
  • The man leading the group continued to advance toward the defendant in a menacing manner.
  • The defendant then shot the lead aggressor, who died at the scene.

Procedural Posture:

  • The defendant was charged with murder in an information filed in the district court of Jefferson county.
  • The defendant entered a plea of not guilty and the case proceeded to a jury trial.
  • At the conclusion of the evidence, counsel for the defendant moved for a directed verdict of not guilty.
  • The trial court granted the motion, finding the evidence established a clear case of justifiable homicide, and directed the jury to return a verdict of not guilty.
  • The district attorney objected and brought the case to the state's highest court on a writ of error to review the trial court's action.

Locked

Premium Content

Subscribe to Lexplug to view the complete brief

You're viewing a preview with Rule of Law, Facts, and Procedural Posture

Issue:

Does a defendant act in justifiable self-defense when using deadly force against an aggressor if the defendant reasonably believes they are in imminent danger of being killed or receiving great bodily harm?


Opinions:

Majority - Mr. Justice Moore

Yes. A homicide is justifiable when a person has reasonable grounds for believing, and does in fact actually believe, that they are in imminent danger of being killed or receiving great bodily harm, allowing them to act on such appearances and defend themselves, even to the extent of taking human life. The court found that the defendant was peaceably on his way home when he was subjected to an unprovoked and dangerous assault by four men. Their subsequent actions, including advancing on him while making explicit threats of violence, provided reasonable grounds for the defendant to believe he was in imminent danger. Therefore, his act of self-defense, which resulted in the death of one of his assailants, was justifiable under the law.



Analysis:

This decision reinforces the established legal standard for justifiable homicide based on self-defense, emphasizing that a defendant's reasonable belief of imminent peril is the critical element, even if the danger was not as great as it appeared. It also strongly affirms the trial court's power to issue a directed verdict of acquittal when the evidence overwhelmingly supports an affirmative defense like self-defense. This empowers judges to prevent a potential miscarriage of justice by not submitting a case to a jury where the prosecution cannot possibly prove guilt beyond a reasonable doubt.

🤖 Gunnerbot:
Query People v. La Voie (1964) directly. You can ask questions about any aspect of the case. If it's in the case, Gunnerbot will know.
Locked
Subscribe to Lexplug to chat with the Gunnerbot about this case.

Unlock the full brief for People v. La Voie