State v. Mitcheson
Utah Supreme Court
560 P.2d 1120 (1977)
After a dispute over wheels and tires from a van sale, Richard Herrera and friends went to the home of Gary Mitcheson's (defendant) sister at 3:30 a.m. to reclaim the wheels; when told to leave, they refused, and a commotion followed. Mitcheson, present at his sister's house, fired a rifle shot that fatally struck Herrera in the neck. Charged with second-degree murder, Mitcheson asked the trial court to instruct the jury on defense of habitation, arguing he used the rifle to protect the security of his "habitation" and that the discharge was accidental; the trial court refused, ruling his sister's home wasn't his habitation. He was convicted and appealed.
Whether Utah's defense-of-habitation statute includes not only an individual's own dwelling, but also any place he may be occupying, such as a hotel, motel, or as a guest in another's home.