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State v. Broadhurst

Oregon Supreme Court

196 P.2d 407 (1948)

Relevant factsFree

Mrs. Broadhurst (defendant) asked a man named Williams to kill her husband, Dr. Broadhurst. Williams staged car trouble on a road he knew Dr. Broadhurst would travel; when Broadhurst stopped to help, Williams struck him in the head with a heavy wrench, inflicting three deep wounds, two of which penetrated his skull. Williams then changed his mind about killing Broadhurst and began walking away, wrench still in hand, but Broadhurst came at him and Williams shot and killed him, later testifying he feared for his own life. Mrs. Broadhurst was charged with first-degree murder for soliciting the killing, convicted, and appealed, arguing Williams had already abandoned the attack and was acting in genuine self-defense when Broadhurst became the aggressor.

IssueFree

Whether an aggressor who wishes to claim self-defense must have abandoned the altercation and given the other party reasonable notice that it had ended.

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