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Commonwealth v Emmons
Super Ct. Penn, 1945
Author:- Sam Biers
Prevention of Crime
Relevant Facts: Df Mildred Emmons lived on the 2nd Flr apartment. She had purchased a car on a lease, but was two months behind in her payments. The finance company representative came to her apartment but did not speak with her. He and another employee pushed the car backwards onto the street, and lifted the hood. Df then shot the employee in the leg.
Legal Issue(s): Whether a person may shoot someone believed to be stealing their car?
Court’s Holding: No.
Procedure: Trial ct. jury found her guilty of agg. assault, and battery. Df appealed. Affirmed.
Law or Rule(s): To avert a felony from being committed or serious harm to oneself, deadly force may be used.
Court Rationale: To justify killing someone it must be to prevent the commission of a felony which is either atrocious or a crime of force, murder, rape, arson, burglary, rape, kidnaping, sodomy or the like. The taking of human life in connection with the defense of property is valid only where an element of danger exists to the person of the slayer. The df was not protecting her person, or her home. There was no felony by force or atrocious crime, no danger to her or her habitation and there was no justification in law for her infliction of grievous bodily harm.
Plaintiff’s Argument: Df was not in danger, and there was no threat against her residence.
Defendant’s Argument: Df was defending the commission of a felony with use of force to repel.