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accused actual admissible admitted ante appear applicable apprehension armed asked assailant assault attack attempt authority believe blow bodily harm cause character charge circumstances cited committed communicated conduct considered counsel Court crime danger deadly weapon death deceased defendant determine difficulty door doubt effect error evidence exceptions excuse exist facts fear felony fired force further give given ground guilty hand held homicide immediately imminent indicted inflicted injury instruction intention Judge judgment jury Justice justify killing latter malice manslaughter means mind murder nature necessary necessity night objection offered opinion party person pistol present principle prisoner proof protect prove provocation question reasonable reasonable ground reference refused resistance retreat rule self-defence shoot shot struck sufficient tending Term testimony threatened threats tion took trespass trial unless violence wife witness
Page 863 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 415 - ... it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary ; and it must appear also that the person killed was the assailant, or that the slayer had really and in good faith endeavored to decline any further struggle before the mortal blow was given.
Page 881 - The killing of a human being, unless it is excusable or justifiable, is murder in the first degree, when committed : 1. From a deliberate and premeditated design to effect the death of the person killed, or of another ; or 2.
Page 287 - ... when there shall be a reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished: or, 3.
Page 558 - If a person kill another in self-defence, it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary...
Page 356 - Law, says, in the case of justifiable self-defence, the injured party may repel force with force, in defence of his person, habitation, or property, against one who manifestly intendeth and endeavoreth, with violence or surprise, to commit a known felony upon either. In these cases, he is not obliged to retreat, but may pursue his adversary, till he findeth himself out of danger, and if in a conflict between them he happeneth to kill, such killing is justifiable.
Page 520 - The court erred in overruling the defendant's motion for a new trial.
Page 514 - When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or, 2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony...
Page 693 - that whoever drew blood in the streets should be punished with the utmost severity,' did not extend to the surgeon who opened the vein of a person that fell down in the street in a fit.
Page 862 - When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished...