Brown v. United States
United States Supreme Court
256 U.S. 335 (1921)
Brown (defendant) retreated roughly 25 feet to grab a pistol after Hermes approached him with a knife (their history included Hermes previously assaulting Brown with a knife twice and making repeated threats), then shot and killed Hermes as Hermes continued striking at him. The trial court instructed the jury that Brown had an obligation to retreat further if a reasonable person in his position could safely do so, and the jury convicted him of second-degree murder; the court of appeals affirmed, and the Supreme Court granted certiorari.
Whether a person who reasonably believes he faces immediate death or grievous bodily injury from an attacker may stand his ground and use deadly force in self-defense without a duty to retreat.