Newell v. State
Annotate this CaseNev. Rev. Stat. 200.160 states that homicide is justified in response to a reasonable apprehension of the commission of a felony or in the actual resistance of an attempted felony, but the statute does not specify the type of felony. Defendant was charged with battery with the use of a deadly weapon and attempted assault with the use of a deadly weapon for lighting the victim on fire during an altercation at a gas station. At trial, Defendant claimed that his actions were a justifiable battery because he reasonably believed the victim was committing felony coercion against him at the time of the incident. The jury found Defendant guilty. Defendant appealed, arguing that the district court gave a jury instruction that was an incorrect statement of Nevada law and that his conviction for attempted assault was legally impossible. The Supreme Court affirmed, holding (1) the use of deadly force in response to a felony is justified only when the person poses a threat of serious bodily injury, and the amount of force used must be reasonable and necessary under the circumstances; and (2) attempted assault under Nev. Rev. Stat. 200.471(1)(a)(2) is not legally impossible.
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