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Man tries to get murder charge thrown out

UPI News Service, 04/12/2007 

A Florida man is using the state's "stand your ground" law in an effort to get a murder charge dismissed.

The South Florida Sun-Sentinel reported that Norman Borden, 44, is seeking to have murder and attempted murder charges dismissed because he shot at men in fear that they were about to run him down as he walked his dogs.

Borden is immune from prosecution because he was protecting himself, public defender Carey Haughwout argued before Palm Beach County, Fla., Circuit Judge William Berger Wednesday, the Sun-Sentinel reported.

Haughwout said the law eliminated the duty to retreat and gives immunity to people who use force if they reasonably believe it's necessary to prevent death or bodily harm.

The case was believed to the first in which the 2005 "stand your ground" law has been used in an attempt to get murder charges dismissed, the newspaper reported.

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Copyright 2007 by United Press International

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