People v. Godsey

In his dissenting opinion, Judge Smith has accurately set forth the operative facts and, in our view, correctly resolved all issues raised by defendant save one. We will, therefore, *318limit our discussion to the one point with respect to which our views differ from those expressed by Judge Smith, to wit:

Whether the trial court erred in failing sua spon te to instruct the jury that the defendant was not obligated to retreat if in his own dwelling at the time of the fatal confrontation.

Viewing the facts most favorably to the defendant, the testimony adduced at trial indicates that defendant was…