## Facts

- Charles E. La Voie, a pharmacist, left work around 12:30 a.m. and drove east on West Colfax Avenue around 1:30 a.m.
- A car containing four intoxicated men approached from behind; they agreed to shove La Voie’s car “for kicks.”
- The other car intentionally rammed La Voie’s rear bumper, accelerated, and pushed his car a substantial distance, forcing it through a red traffic light despite La Voie’s full braking.
- After both cars stopped, the other vehicle backed away; La Voie exited his car with a revolver in his coat pocket (carried with a permit).
- The four men exited and advanced toward La Voie in a menacing manner while making threats; one man (the eventual decedent) was closest.
- Believing he faced imminent death or great bodily harm, La Voie drew the revolver and shot the nearest man, who died at the scene.

## Issues

1. Whether the trial court erred by directing a verdict of not guilty on the ground that the evidence established justifiable homicide as a matter of law, leaving no factual issue for the jury.
2. Whether a person may use deadly force in self-defense when he actually and reasonably believes he faces imminent death or great bodily harm, even if the perceived danger later proves mistaken.

## Decision

- The Colorado Supreme Court affirmed the trial court’s directed verdict of not guilty.
- The court held the record contained nothing warranting submission of any issue to the jury because the evidence showed a clear case of justifiable homicide.
- The court reaffirmed that a defendant may lawfully act on reasonable appearances of imminent deadly danger, even if those appearances later prove false.

## Legal Principles

- Deadly force is justified when a person has reasonable grounds to believe, and actually believes, that imminent danger of death or great bodily harm exists; the person may act on appearances even if mistaken.
- A directed verdict of acquittal is proper when the evidence is insufficient to permit a reasonable jury to find guilt beyond a reasonable doubt.
- A trial court has authority to prevent an unsupported conviction by directing a verdict rather than allowing a jury verdict lacking competent legal evidentiary support.

## Conclusion

The court upheld a directed acquittal because the uncontroverted evidence established justified self-defense, and it reiterated that self-defense turns on an actual and reasonable belief in imminent death or great bodily harm, not on later proof of the threat’s true extent.


People v. La Voie, 155 Colo. 551, 395 P.2d 1001 (Colo. 1964)