Ligouri (D) claimed that he had been assaulted by Cosaluzzo. Cosaluzzo drew a gun and pointed it at D. D stood his ground, drew a pistol, and killed Cosaluzzo. The trial court judge instructed the jury that self-defense was available only if D failed to retreat because he would have been in imminent danger had he done so. D was convicted of murder. D appealed.

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