State v. Bonano
New Jersey Supreme Court
59 N.J. 515 (1971)
- Written by Carolyn Strutton, JD
Facts
Bonano (defendant), armed with a loaded pistol, returned home earlier than expected and found that his wife was not home. She soon came home from the christening party she had been attending. Bonano struck her in the face because she had left the house without permission. Bonano’s young stepdaughter saw Bonano hit her mother and fled back to the party. She told her uncle Carlos what had happened. Carlos took a knife from the kitchen and approached his sister’s house to confront his brother-in-law. Bonano was standing in the doorway of the house as Carlos came up the front steps. Carlos apparently brandished his knife and made some verbal threat against Bonano. Bonano drew his gun and fired at Carlos, who was wounded and later died from his injuries. Bonano was charged with second-degree murder. At trial the court failed to instruct the jury as to any exceptions to the requirement of retreat for a claim of self-defense, and Bonano was convicted. Bonano appealed.
Rule of Law
Issue
Holding and Reasoning (Mountain, J.)
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