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The case of Gourko v. US 153 U.S. 183
(1894)
The case of Gourko v. US is one of the first cases
on self defense. Gourko and the companion case of
Thompson stands for the
principle merely carrying a firearm is not evidence of the intent to commit murder or manslaughter.
Instead the court expects people to arm themselves when threatened. In this case Gourko, was threatened by the Carbos who weighed over 200 Gourko
weighed only 135 and was peaceful. Gourko armed himself in light of the
Threat.
This case was ruled upon the issues of: Intent and
retreat
Similar cases on Intent were Thompson, Allen and
Wallace on intent and Beard, Rowe, Alberty and Brown on Retreat.
On the issue of intent.
Every situation is different however and this is for
information only. This is not legal advice.
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