Law v. State
Maryland Court of Special Appeals
318 A.2d 859 (1974)
After his home was burglarized multiple times, James Cecil Law, Jr. (defendant) bought a shotgun for protection; late one night, police investigating a neighbor's suspicious-light report went around back of Law's home without announcing themselves, removed molding covering a broken windowpane, and as one officer reached his hand inside, the awakened Law - believing another break-in was underway - shot and killed him, then shot and injured the second officer who began firing into the house. Law was convicted of second-degree murder and assault with intent to murder, and appealed arguing the trial court erred by not instructing the jury on the defense of habitation.
Whether, in Maryland, a defense of habitation is allowable if it is shown that the defendant used deadly force to repel an intruder on the reasonable belief that the intruder intended to commit an imminent, serious felony or inflict serious bodily injury therein.