## Facts

- Charles E. La Voie, a pharmacist, drove home in Lakewood, Colorado at about 1:30 a.m.
- A car occupied by four intoxicated men repeatedly and intentionally rammed La Voie’s rear bumper and pushed his vehicle forward through a red light “for kicks,” despite La Voie’s braking.
- After both cars stopped, the other car backed up slightly; La Voie exited his vehicle and placed a permitted revolver under his belt.
- The four men exited, approached La Voie in a menacing manner, used profane language, and made violent threats.
- The decedent, leading the group, continued advancing despite warnings; La Voie drew his gun and fatally shot him.

## Issues

1. Whether the evidence, viewed as a whole, conclusively established justifiable homicide such that the trial court properly directed a verdict of not guilty on a murder charge.
2. Whether deadly force is justified when the defendant actually and reasonably believes he faces imminent death or great bodily harm, even if the danger later proves less than it appeared.

## Decision

- The Colorado Supreme Court affirmed the directed verdict of not guilty.
- The court held the uncontroverted evidence established justifiable homicide as a matter of law.
- The court concluded nothing in the record warranted submitting any issue to the jury.

## Legal Principles

- Deadly force in self-defense is justified when a person has reasonable grounds to believe, and actually believes, that imminent danger of death or great bodily harm exists.
- A defendant may act on reasonable appearances of danger and may use deadly force when necessary, even if the appearances later prove false or the defendant was mistaken about the degree of actual danger.
- A directed verdict of acquittal is proper where the evidence is undisputed and, as a matter of law, no reasonable jury could find the homicide unjustified.

## Conclusion

Because the record showed an uncontradicted sequence of aggressive, threatening conduct by multiple intoxicated assailants and supported both the reasonableness and actuality of La Voie’s fear of imminent severe harm, the trial court correctly removed the case from the jury and entered a directed acquittal on the ground of justifiable homicide.


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