People v. Quesada
Court of Appeal of California
169 Cal.Rptr. 881 (1980)
Relevant factsFree
After his home was burglarized while he was out, Reuben Quesada (defendant) and a friend confronted the suspected burglar, Edie, when Edie tried to sell the stolen stereo to a neighbor. Edie fled by car; fearing Edie would hit him or his friend, Quesada fired at the vehicle, killing Edie. Quesada was convicted of involuntary manslaughter after the trial court refused his requested instruction that killing to apprehend a nighttime burglar is justifiable. He appealed, arguing nighttime burglary is inherently dangerous enough to justify deadly force.
IssueFree
Whether a criminal defendant may use deadly force to prevent a non-dangerous felony that poses no threat of great bodily harm.