From: Harvey Newstrom (newstrom@newstaffinc.com)
Date: Tue Jun 08 1999 - 14:35:26 MDT
I think the key to this case is that the student could not see the gun. As
I recall, the homeowner did not answer the door or show the gun. He yelled
though the door over the storm that he had a gun and the person should leave
or be shot. Since the student did not leave, the man shot him. The key to
the case was whether the student could hear the warning and understand the
warning. There was no visual clue to the student that he was in danger or
was being asked to leave.
-- Harvey Newstrom <mailto://newstrom@newstaffinc.com> <http://newstaffinc.com> Author, Consultant, Engineer, Legal Hacker, Researcher, Scientist. >
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