Duckett v. State

with whom MACY, Justice, joins.

I dissent from the majority opinion in this case. I would hold that Duckett was not entitled to a defense of defense of others in this ease, and consequently there was no error in the refusal of the district court to give the requested instruction. The Judgment and Sentence in this case should be affirmed. Succinctly, there is nothing in this record that persuades me that Duckett’s wife would have been justified in using deadly force against Hetler, and if she would not have been justified in doing that, Duckett has no better claim to a defense of others theory…