State v. Pellegrino

KONENKAMP, Justice.

[¶ 1.] In this appeal, we must decide to what extent a homeowner may use deadly force in defense of home and self. During an argument in his home, defendant fatally shot his unarmed friend. Because he refused to leave and defendant perceived that he behaved in a threatening manner, defendant contends the deceased committed a burglary by unlawfully entering or “remaining” in his dwelling with intent to commit an assault, justifying use of lethal force. The jury was instructed that self-defense in one’s home against aggravated assault or kidnapping could justify such force,…