context: Respondent's testimony indicates that Smith's violent behavior was an unreasonable reaction to a reasonable demand for Smith to return Respondent's medicine. Further, after Smith attacked Respondent and Respondent retreated to his bedroom, Respondent's reappearance at the kitchen's threshold with a loaded pistol by his side was lawful, as he had a right to defend his home and demand that Smith leave.
citation_a.signal: see
citation_a.identifier: 126 S.C. 533, 533
citation_a.parenthetical: "A man who attempts to force himself into another's dwelling, or who, being in the dwelling by invitation or license refuses to leave when the owner makes that demand, is a trespasser...." (emphasis added
citation_a.sentence: See State v. Rye, 375 S.C. 119, 123, 651 S.E.2d 321, 323 (2007) (“As the defense of habitation provides, defending one’s home or premises means ending an unwarranted intrusion through the use of reasonably necessary means of ejection.” (citing State v. Bradley, 126 S.C. 528, 533, 120 S.E. 240, 242 (1923))); Bradley, 126 S.C. at 533, 120 S.E. at 242 (“A man who attempts to force himself into another’s dwelling, or who, being in the dwelling by invitation or license refuses to leave when the owner makes that demand, is a trespasser....” (emphasis added)); cf. State v. Dickey, 394 S.C. 491, 499-501, 716 S.E.2d 97, 101-02 (2011) (concluding that the accused, an armed security guard for an apartment complex, was without fault in bringing about the difficulty as a matter of law because he was exercising his right to eject trespassers in good faith).
citation_b.signal: cf.
citation_b.identifier: 394 S.C. 491, 499-501
citation_b.parenthetical: concluding that the accused, an armed security guard for an apartment complex, was without fault in bringing about the difficulty as a matter of law because he was exercising his right to eject trespassers in good faith
citation_b.sentence: See State v. Rye, 375 S.C. 119, 123, 651 S.E.2d 321, 323 (2007) (“As the defense of habitation provides, defending one’s home or premises means ending an unwarranted intrusion through the use of reasonably necessary means of ejection.” (citing State v. Bradley, 126 S.C. 528, 533, 120 S.E. 240, 242 (1923))); Bradley, 126 S.C. at 533, 120 S.E. at 242 (“A man who attempts to force himself into another’s dwelling, or who, being in the dwelling by invitation or license refuses to leave when the owner makes that demand, is a trespasser....” (emphasis added)); cf. State v. Dickey, 394 S.C. 491, 499-501, 716 S.E.2d 97, 101-02 (2011) (concluding that the accused, an armed security guard for an apartment complex, was without fault in bringing about the difficulty as a matter of law because he was exercising his right to eject trespassers in good faith).