Quote:
Originally Posted by RU OX Alum
What if the man is armed? The burglar, i mean.
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It's a consideration.
But this happened in the garage, not the home. That means that in all likelihood, (we have to speculate) the swordsman pursued the burglar into there. In most places, you don't have a duty to retreat within the home, but the garage, especially since it's not attached is probably (this may be a wrinkle in Maryland law which as an Oklahoman I wouldn't know) not part of the 'home.'
At any rate, your next step is to determine whether there was a reasonable belief that the burglar posed a PRESENT danger to the swordsman. If the first couple of strikes had effectively abated the danger and the swordsman could safely retreat, he's got a good chance of goin' to the pokey.
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