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A publican sought to eject a drunkard from his bar. The drunkard made it clear that he was not going to leave voluntarily. The publican
A publican sought to eject a drunkard from his bar. The drunkard made it clear that he was not going to leave voluntarily. The publican believed that the drunkard was about to strike him, so the publican put his arms around the drunkards body, pinning his arms to his sides.
Because the publican is physically strong, he was able to carry the drunkard outside of the bar. The publican leaned the drunkard against an exterior wall of the bar and when the publican felt it was safe, let go of the drunkard. The publican waited a moment and then went back inside to serve customers.
Because he was so heavily intoxicated, the drunkard began to slide along the wall toward an adjacent stairwell leading to an underground garage. The drunkard slipped and fell down the stairwell, struck his head and died.
The publican is charged with Second Degree Murder. Can the publican assert selfdefense successfully? Explain
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