Arizona Court of Appeals
565 P.2d 526 (1977)
Barr (defendant) lived in a small house behind an antique store near the University of Arizona. Because there had been a number of recent burglaries and thefts in the area, the store’s owner had asked Barr to “keep an eye” on the yard where the owner kept old chairs and dressers he was working on. One night, Barr was awakened by noises coming from all around the house. Barr looked out the window and saw two men standing and talking and another three more men walking around the yard. Barr retrieved a pistol, left the house, and confronted the men in the yard. Barr instructed the men to drop what they were carrying. The men dropped two wooden chairs and then walked up a side alley, ignoring Barr’s orders to stop. As the men walked away, Barr fired a couple of warning shots straight up in the air. The men did not stop. Barr then lowered the gun and fired at a height he thought was still over their heads. A bullet struck Timothy Tylutki in the head, killing him. Barr was indicted for voluntary manslaughter. At trial, one of the men testified that he and the other men never saw nor heard Barr say anything until the gun was fired. Barr’s request that the trial court instruct the jury on justifiable homicide was denied. Barr was convicted and he appealed.
Rule of Law
Holding and Reasoning (Howard, C.J.)
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