Commonwealth v. Shaffer

362 N.E.2d 880 (1975)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D resided with her two children in a one-story ranch house. D was engaged, to the victim who had lived in the house since 1971. D had received several severe beatings at the hands of the victim, and on at least one occasion he had threatened to kill her and the children when asked to leave D's home. D loved the victim, but she feared for herself and the children. She convinced him to seek psychiatric help. One morning an argument ensued. The victim eventually rose, saying, 'Never mind. I'll take care of you right now.' D threw a cup of tea at him and ran downstairs to the basement playroom, where the children were having breakfast and watching television. The victim opened the door at the top of the basement stairs and said, 'If you don't come up these stairs, I'll come down and kill you and the kids.' D started to telephone the police but hung up the telephone when the victim said he would leave the house. He returned to the top of the stairs, and D took a .22 caliber rifle and loaded it. D started to telephone the police when the victim started down the stairs. She fired a fatal shot. Five minutes elapsed from the time the D went to the basement until the shooting took place. D was indicted for murder, was tried and convicted of manslaughter and appealed. D contends that the judge made an error when the jury was instructed that D had a duty to retreat from her home.