People v. Comfort

Schnepp, J. (dissenting).

The conviction of Joseph Comfort of second degree murder should be reversed in the interest of justice, the sentence therein vacated and a new trial ordered. Justification was defendant’s sole defense at trial to the charge that he murdered Trooper Van Hall and a proper charge on that issue was crucial to his receiving a fair trial. In our view, the trial court’s charge erroneously emphasized an objective standard of review and deprived defendant of a fair trial.

The majority opinion on this issue fails to distinguish properly between the objective standard charged by…