Brown v. United States, 256 U.S. 335 (1921)

Facts: Brown, while supervising post-office excavation work on federal property, was attacked by Hermis, who had twice before assaulted him with a knife and threatened to kill him. Hermis drove up and attacked with a knife; Brown retreated to his coat where his pistol was, retrieved it, and fired four fatal shots. Convicted of second-degree murder. The trial court instructed the jury that Brown had a duty to retreat and was not entitled to stand his ground.
Issue: Whether the duty to retreat is properly imposed where ∆ reasonably believes himself in immediate danger of death or grievous bodily harm.
Rule: A man who reasonably believes himself in immediate danger of death or grievous bodily harm may stand his ground; "detached reflection cannot be demanded in the presence of an uplifted knife." Texas law strongly adopts this view.
Analysis: Holmes acknowledged the jury could have rejected Brown's defense entirely, but on the hypothesis that Hermis was the initial attacker, the duty-to-retreat instruction was wrong.
Judgment: Reversed.

Reading: pp. 589–94. See Self-Defense.