(Download) "State v. Johnson" by New Mexico Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: State v. Johnson
- Author : New Mexico Court of Appeals
- Release Date : January 06, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Certiorari denied No. 24,830, January 6, 1998 Filing Date: November 6, 1997 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY W. John Brennan, District Judge {1} This case involves the fatal shooting of Abel Gallegos, who broke into a vehicle, stole a car stereo, and was in the process of driving away when he was shot and killed by Aaron Johnson, a friend of the owner of the vehicle. Johnson was refused a jury instruction on the defense of justifiable homicide when stopping a fleeing felon, and he appeals on that sole issue. We affirm the ruling of the district court. We hold as an issue of first impression under New Mexico law that deadly force by a private citizen in apprehending a suspected fleeing felon is subject to standards of reasonableness that were not present in this case. FACTUAL AND PROCEDURAL BACKGROUND
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