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Case Brief
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Citation: Brown v. Martinez, 361 P.2d 152 (N.M. 1961)
Facts: - Plaintiff, a 15 year-old boy, along with two other boys visited the defendants garden patch for the purpose of stealing watermelons
Procedural History:
Issue(s):
Holding: As there was no proof that Defendant was at any time in danger, the degree of force he employed was unwarranted and unlawful. The case was remanded with instructions to set aside the original dismissal and to determine appropriate damages.
Rule of Law:
Reasoning: The central issue with regard to the use of force is always reasonableness, which is usually a question reserved for a jury. Certain precepts are central, however, the first being that the level of force employed must be appropriate to the circumstances. The law has always placed greater value on human life and safety that on property. As Professor Prosser has noted, a “person may use only the force reasonably necessary to overcome resistance and expel the intruder, and if in the process his own safety is threatened, he may defend himself
Disposition: