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The case of Thompson v. US 155 U.S. 271
(1894)
The case of Thompson v. US stands for the
principle merely carrying a firearm is not evidence of murder or manslaughter.
Instead the court expects people to arm themselves when threatened.
In this case Thompson, a Creek Indian boy, was threatened by Mr. Hermes because
Mr. Hermes thought that Thompson harmed a pig. Thompson returned home by a
road that went through the same area that the threat occurred in and Mr. Hermes
lived in.
Thompson armed himself with a Winchester rifle and
was returning home. However the trip home was through the same area Mr
Hermes lived in and was the only reasonable route home. The deceased made
the final and fatal mistake of threatening Thompson and going for a gun against
a Winchester.
This case was ruled upon the issues of: Intent and
retreat
Similar cases on Intent were Gourko, Allen and
Wallace on intent and Beard, Rowe, Alberty and Brown on Retreat. Notice
that in this case the only reasonable route home was by or through the
aggressors property. The Court ruled that there was no duty to retreat or avoid
going home even though the danger was known and then ruled that arming himself
due to the prior threat was reasonable and not Murder.
On the issue of intent. It is normal
reasonable and expectable for a person to arm themselves when placed in danger.
The court in this cases focuses on whether the use of deadly force and
self defense was proper and totally rejects the proposition that arming ones
self is of itself is evil or any evidence of wrong doing. The court
assumes and expects that people own and bear weapons especially if threatened or
at risk. Owning a gun is normal behavior and legitimate behavior in a
peace loving society. To imply that this lawful activity was evidence of
manslaughter or murder was judicial error per se. In reversing this case
the court sarcastically uses the term "learned" and then cites each error in
criticizing the judge as an idiot. This is one of several cases like
Gourko where the Court punished Hanging Judge Parker and criticized him for his
dislike of self defense. Judge Parkers strong dislike of guns championed
the response from the Supreme Court to establish the right of self defense and
the individual to bear arms.
Every situation is different however and this is for
information only. This is not legal advice.
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