People v. Shanis

Memorandum. From the outset the defendant admitted striking the decedent. The primary question was whether he was justified in doing so (Penal Law, § 35.15). The defense submitted testimony that the decedent not only provoked the defendant by heaping abuse on him and his wife, but that he also proceeded to assault both of them before the defendant struck any blows. And the defendant, taking the stand in his own behalf, stated that he acted as he did only ‘ ‘ to prevent him [the decedent] from swinging at me and hurting me or my wife any further,” The court, in charging on this point, told the…