Does a defendant have a reasonable force right to shoot and kill a trespasser?

California, United States of America


The following excerpt is from People v. Buffin, A146382 (Cal. App. 2016):

An argument similar to defendant's, was rejected in People v. Watie (2002) 100 Cal.App.4th 866. In that case, the defendant stood outside the victim's home and argued with the victim through a security door. (Id. at p. 873.) The defendant shot and killed the victim, and later claimed self-defense, asserting he believed the victim had a rifle or shotgun and was going to kill him. (Id. at pp. 874, 876.) The trial court instructed the jury the lawful occupant of a residence has a right to use reasonable force to eject a trespasser. (Id. at p. 876) Defendant challenged this instruction on appeal, arguing it allowed the jury to presume the victim was acting in lawful defense of his property and

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