Beard v. United States
United States Supreme Court
158 U.S. 550 (1895)
- Written by Angela Patrick, JD
Facts
Babe Beard (defendant) had an ongoing dispute with three brothers about who owned a cow that was on Beard’s property. One of the brothers, Will Jones, threatened that he would either get the cow or kill Beard. Jones concealed a pistol in his jacket, and the three brothers went to Beard’s property to get the cow while Beard was away. However, Beard came home and approached the brothers while they were trying to get the cow from Beard’s wife. Beard had been carrying a shotgun while he was away and still held it. Beard ordered the brothers to leave his property. Jones walked quickly and angrily toward Beard. When Beard asked Jones what he was doing, Jones responded that he would show Beard and reached for the pistol in his jacket. At that point, Beard clubbed Jones in the head with his shotgun. Jones died from the injury, and Beard was charged with manslaughter. The trial court instructed the jury that (1) because Beard was not inside his own house, he had a duty to retreat from a deadly threat if he could and (2) if Beard could have retreated and did not, he was guilty of manslaughter. The jury convicted Beard of manslaughter, and he was sentenced to eight years in prison. Beard appealed, arguing that the jury instructions had been incorrect.
Rule of Law
Issue
Holding and Reasoning (Harlan, J.)
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