Criminal decision – castle doctrine instruction

White v. State – The Miss. S. Ct. on November 7, 2013,  reversed a Ct. of Appeals decision which had affirmed the trial court’s refusal to grant the defendant an instruction on the castle doctrine.  The altercation was started by the victim who was standing in White’s driveway next to White’s car.  Victim yelled for an hour and a half for White  to come out so that victim could whip her ass (victim claimed that White had almost run over victim’s child while getting on school bus).  White shot the victim after allegedly seeing victim’s hand come up with something silver in it.  As it turned out, the object in the victim’s hand may have been a cell phone.  Still, White was entitled to have the jury instructed on her theory of the case.  Case remanded for new trial.

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