Falling Outside the Castle Doctrine

The boundaries of the castle doctrine and make-my-day legislation came under scrutiny in a Mississippi appellate case this past summer. The defendant, Banton, had shot and killed a man with whom his father was fighting on the family’s front lawn. Banton’s defense relied in part on Mississippi’s Castle Doctrine statute, which purports to provide that there is a legal presumption of a reasonable fear of death or grave bodily harm under circumstances where there is …

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