Brown v. Martinez
Supreme Court of New Mexico
361 P.2d 152 (1961)
Relevant factsFree
Fifteen-year-old Brown (plaintiff) and two friends trespassed to steal watermelons from Martinez's (defendant's) property; Martinez fired his rifle intending only to scare the boys off, but accidentally shot and injured Brown. The trial court dismissed Brown's complaint, and Brown appealed.
IssueFree
Whether a person defending property against a threat to that property alone is justified in using force calculated to cause death or serious bodily injury.