The State, Appellant v. Gregory Kirk Duncan, Respondent

Summary

The court affirmed dismissal of the murder indictment because the Protection of Persons and Property Act creates a true immunity from criminal prosecution, not merely an affirmative defense. It held that immunity must be determined before trial and that the defendant bears the burden of proving entitlement by a preponderance of the evidence. The court concluded that the evidence showed the victim was unlawfully and forcibly entering the respondent's home when shot.