People v. Gleghorn
California Court of Appeal
193 Cal. App. 3d 199 (1987)
After a dispute over a stereo, Fairall broke into Downes's bedroom and released her pet snake, prompting Gleghorn (defendant), who lived in the house, to break into Fairall's garage loft, threaten to set it on fire, and actually set a small fire; Fairall shot Gleghorn with an arrow, wounding him, then descended from the loft, leaving his bow and arrow behind, and tried to help put out the fire — at which point Gleghorn, angry over his wound, beat Fairall severely, breaking his jaw and knocking out teeth. A jury convicted Gleghorn of serious battery (but only simple, not serious, assault), and he moved for a mistrial arguing the inconsistent verdicts showed he was entitled to defend himself against Fairall's deadly bow-and-arrow attack; the trial court denied the motion, and Gleghorn appealed.
Whether a person who was initially justified in defending himself against an attacker's use of force loses his right to continue that self-defense once the attacker has been disarmed and the danger has passed.