Courvoisier v. Raymond

Courvoisier v. Raymond, 23 Colo. 113 (1896), was a case decided by the Colorado Supreme Court that affirmed the use of a reasonableness standard when determining the validity of a mistaken self-defense.[1]

Courvoisier v. Raymond
CourtColorado Supreme Court
Full case nameAuguste Courvoisier v. Edwin S. Raymond
DecidedSeptember 21, 1896
Citation(s)23 Colo. 113 (1896)
47 P. 284
Case history
Prior action(s)Appeal from District Court, Arapahoe County
Case opinions
Unanimous opinion by Hayt
Court membership
Judge(s) sittingCharles D. Hayt
John Campbell
Luther M. Goddard

Factual background

Courvoisier was a jewelry store owner, and he was awoken in the middle of the night when robbers tried to break into his store. He retrieved his revolver and chased them outside. Raymond was a Denver police officer who began to approach Courvoisier, and Courvoisier shot him. Courvoisier said that he mistook Raymond for a robber, but the trial court found for Raymond.[2]

Decision

The Colorado Supreme Court reversed the decision for Raymond because of faulty jury instructions in the trial court. The trial court failed to give the instruction that Courvoisier should not be held liable if his mistake that Raymond was a robber was reasonable given the circumstances.[3]

References
  1. Henderson, J.A. et al. The Torts Process, Seventh Edition. Aspen Publishers, New York, NY: 2007, p. 78
  2. Henderson, p. 76
  3. Henderson, p. 78


This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.