State v. Duncan

The State appeals the circuit court’s grant of respondent’s pre-trial motion to dismiss on the ground that respondent was entitled to immunity under the Protection of Persons and Property Act 1 (the Act). We affirm.

FACTS

Respondent was indicted for murder after he shot and killed Christopher Spicer (the victim) at respondent’s home. Prior to trial, respondent moved to dismiss the indictment, arguing he was entitled to immunity under the Act. At a hearing on respondent’s motion, the State introduced numerous pieces of evidence, including witness statements and testimony, photographs and video…