State v. Mitcheson
560 P.2d 1120 (Utah 1977)
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Mitcheson's (D) father purchased a vehicle from Herrera. A dispute developed over the tires and wheels of the van. D and Herrera had several heated arguments resulting in threats of physical violence. Herrera and a friend entered the premises of D's sister's house. D's sister told them to leave, but they refused. D shot and killed Herrera during the event. D was charged with second-degree murder. D contended that he was justified in using force in protecting his habitat from invasion. The trial court refused to instruct on this point because D's sister's house was not his habitat. D was convicted and appealed.
Issues
The legal issues presented in this case will be displayed here.
Holding & Decision
The court's holding and decision will be displayed here.
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