People V. Sm Case Brief

Mr. Johnson, You asked me to brief the People v. SM case in preparation for your meeting with our client.

In SM, the defendant, who has a reputation for being a peaceful and law-abiding citizen shot four boys who were older and more athletic than him all of whom, were in the wrestling and football team. The defendant was outnumbered four to one. At no time did the defendant stand his ground or advance to the other boys. Rather, he tried to run away and called for onlookers to get help. The victims were not discouraged by respondent’s gun, even when defendant fired a warning shot, the four boys continued to advance on the respondent even as they were shot.

The defendant was adjudged delinquent for commission of two counts of voluntary manslaughter and two counts of aggravated battery. The defendant appealed from judgement of the circuit court. The issue before the appellate court is whether the state disproved beyond a reasonable doubt the defendants claim of self-defense? The court held that the defender acted in self-defense.

“A person is justified in the use of deadly force …show more content…
Secondly, the court considered that victims were not only older, and bigger than defendant, but also had been drinking and outnumbered defendant four to one. Based on those facts the defendant’s belief that he was in immediate danger of death or great bodily harm can be seen as reasonable. Finally, the state has evidence that the shots were fired in rapid succession. Therefore, the state failed to establish a sufficient interval between shots, which would have allowed the defendant to realize he was no longer in danger. The court believed that the evidence failed to prove beyond a reasonable doubt that the defendant did not act in