 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Runion v. State12/4/2000
lso" justified when a person reasonably believes that he is about to be seriously injured or killed and "there is imminent danger of such design being accomplished." NRS 200.160(1) (emphasis added).
Finally, NRS 200.200 states that if a person kills another in self-defense "it must appear that: 1. The danger was so urgent and pressing that, in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary . . . ." NRS 200.200(1) (emphasis added). While the phrase "absolutely necessary" seems to indicate that self-defense is a justification for homicide where a person is actually in imminent danger, the use of the word "appear" implies that self-defense may be a justification for homicide in instances where a person reasonably believes that he is about to be seriously injured or killed but he is mistaken in that belief.
It has long been recognized that criminal and penal statutes are to be strictly construed against the State. See Sheriff v. Smith, 91 Nev. 729, 733, 542 P.2d 440, 443 (1975). Where a statute is ambiguous, this court must construe its provisions to give meaning to all of the language and should read each sentence, phrase, and word to render it meaningful within the context of the purpose of the legislation. See Bd. of County Comm'rs v. CMC of Nevada, 99 Nev. 739, 744, 670 P.2d 102, 105 (1983); Sawyer v. District Court, 82 Nev. 53, 56, 410 P.2d 748, 750 (1966). The intent of the legislature is the controlling factor in statutory interpretation. See Cleghorn v. Hess, 109 Nev. 544, 548, 853 P.2d 1260, 1262 (1993).
There is, however, a presumption that these statutes are consistent with the common law. See Ewing v. Fahey, 86 Nev. 604, 607, 472 P.2d 347, 349-50 (1970) (statutory construction presumption that statutes are consistent with common law); see also State v. Hamilton, 33 Nev. 418, 426, 111 P. 1026, 1029 (1910) (common law prevails in Nevada except where abrogated). This court's decisional law with regard to self-defense has construed Nevada's statutory scheme to be consistent with the common law, recognizing that self-defense is a justification for homicide not only in instances of actual danger but also in instances of apparent danger. See Culverson v. State, 106 Nev. 484, 797 P.2d 238 (1990) (recognizing apparent danger theory of self-defense).
At trial, Runion testified as follows on direct examination:
COUNSEL: Now, at some point after this you shot. Can you tell me what happened before you got your gun out?
RUNION: After I yelled back at them, the driver of the other car became involved.
And then the next thing I saw was the passenger pulled out a gun and pointed it in my direction.
COUNSEL: How did you feel? What did you think when that happened?
RUNION: I thought that they were going to shoot me or Darla.
COUNSEL: Were you afraid?
RUNION: I was very afraid.
COUNSEL: Did you say anything to Darla when you saw that?
RUNION: No. When I seen that, when I seen them pull their gun on me, that's when I reached for my gun.
And when I reached for my gun I seen Darla, she already ducked down beneath the windows.
On cross-examination, Runion testified to the following:
COUNSEL: You said you returned fire but you never said that they fired. Were shots fired at you?
RUNION: I think there was.
COUNSEL: You think there were shots?
RUNION: Yes.
COUNSEL: You think the shots came from the other car?
RUNION: Yes.
COUNSEL: Was the passenger
Page 1 2 3 4 5 6 7 8 Nevada Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|