by artek57 » Sat Dec 17, 2011 10:05 pm
You seem to want a yes or no answer that would be correct regardless of all possible variations. It does not work that way. At best, someone could tell you how a jury would be instructed on the law of self defense. The jury will then consider all the evidence and apply it to that law.
To give an example of variations on your story, add to the story the scenario whereby you and that man had a conversation 30 minutes earlier in which you relayed a rape-style fantasy and invited the man over. That changes it. Or make the man 12 years old. Or make the man in a ski-mask and waving a machete. Each additional fact will alter the application of the facts to the law. If you want to know about jury instructions on the subject of self-defense, in the context of the use of deadly force, then ask that.