United States v. Peterson
United States Court of Appeals for the District of Columbia
483 F.2d 1222 (1973)
Bennie Peterson (defendant) confronted Charles Keitt for stealing windshield wipers from his car, then went inside, retrieved a gun, and returned to threaten Keitt as Keitt was driving off; Keitt got out holding a lug wrench and advanced toward Peterson, who was standing in his own yard, and Peterson shot and killed him. At trial, the judge instructed the jury that self-defense generally isn't available to someone who provoked the conflict, unless he withdrew in good faith and communicated that withdrawal, and that while Peterson had no strict duty to retreat, the jury could still consider whether he safely could have. The jury convicted Peterson of manslaughter, and he appealed the jury instructions.
Whether the initial aggressor in a fatal conflict may invoke self-defense to justify killing his adversary, and whether the initial aggressor in a fatal conflict is under a duty to retreat, if he safely can, before using deadly force in self-defense.