New York Court of Appeals

The People of the State of New York v. . Newton Tomlins

December 18, 1914213 N.Y. 240

Summary

The New York Court of Appeals reversed the murder conviction of Newton Tomlins and ordered a new trial, holding that a person assailed in his own dwelling has no duty to retreat and may stand his ground. The Court also held that the trial court's erroneous instruction requiring retreat warranted reversal of the judgment.