Buddha, Christ, and Hercules Walk Into a Bar, in 1938 Wyoming …
In State v. Bristol (Wyo. 1938), the facts were generally (as summarized by a later case):
[T]he defendant had helped eject the intoxicated victim from a liquor store and cocktail lounge. The victim [Skogerson] later returned and proceeded to abuse the defendant verbally, threatening to “stomp his face in” when the defendant left the premises. The defendant took a gun with him when he left the premises and went to a café. Although the defendant claims to have been unaware of this, the victim was in the same café. The victim physically attacked the defendant, who shot him. The State claimed that the defendant was the aggressor because he armed himself and went to where the victim was.
The trial court had instructed the jury on self-defense, but added:
Instruction No. 16. You are instructed that if one is an aggressor or provokes a difficulty or affray, he cannot invoke the right of self-defense to justify the killing of his antagonist, unless he first, in good faith, withdraws or attempts to withdraw from the combat, and that, too, in a way that his adversary will see that he intends to withdraw, and he cannot justify the slaying of an adversary, because in the course of an encounter, when to save his own life or to save himself from great bodily harm it became necessary to kill, where he has been at fault in causing the difficulty in which he becomes endangered.
Instruction No. 17. You are instructed in relation to the law of self-defense, that one cannot claim the benefits of the law of self defense, after he has intentionally put himself where he knows or believes he will have to invoke its aid….
The state argued:
Bristol did not go home from the liquor store. He went out looking for Skogerson. He came to the restaurant armed and looked in to ascertain definitely if deceased Skogerson and Johnson were present. He went back before t
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