Cuttiford and Banks lived in the same duplex; Banks lived upstairs and Cuttiford lived down stairs. The two apartments shared a common internal stairway at the back of the duplex. A confrontation began between Banks and Cuttiford in the rear stairway of the duplex. Banks became rather violent and threatened Cuttiford and Cuttiford's wife. Cuttiford went to his apartment on the bottom floor and retrieved two guns from his bedroom.

When he returned to the back door near the stairway, Banks told him, "You don't have the guts to use that, because you're going to have to use it because I'm going to kill you!" Banks then came at Cuttiford, lunging from the common stairway into the kitchen of the Cuttiford's apartment. Cuttiford then shot and killed Banks. At trial, Cuttiford argued that he shot Banks in self-defense. The trial court refused to instruct the jury that Cuttiford did not have to retreat into his own home before acting to repel an attacker.

The court apparently believed the prosecution, which had argued that because Banks and Cuttiford occupied the same duplex, Cuttiford had the duty to retreat before repelling Banks's attack. Was the trial court judge correct in his instruction to the jury regarding selfdefense? Explain.

State v. Cuttiford, 639 N.E.2d 472 (OH).