Commonwealth v. Cary
Supreme Court of Virginia
623 S.E.2d 906 (2006)
Relevant factsFree
Cary (defendant) shot and killed her abusive, intoxicated boyfriend Beekman after he attacked her, temporarily broke off the assault to use the bathroom, and then returned, aggressively advanced on her, and repeated his threats; the trial court refused her requested self-defense instruction, and she was convicted of murder, but the appellate court reversed based on her account of Beekman's renewed aggression upon returning from the bathroom.
IssueFree
Whether self-defense justifies homicide only if the victim took some overt and imminently threatening action against the defendant.