A Treatise on the Law of Homicide in the United States; To Which Is Appended a Series of Leading Cases

A Treatise on the Law of Homicide in the United States; To Which Is Appended a Series of Leading Cases

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...we prefer to dispose of the case upon a view which is satisfactory to us all. And we do this tEe more willingly, because there is not a full bench sitting upon the case. Whether a person assaulted is, or is not, bound to quit the combat, if he can safely do so, before taking life, it will not be denied that in order to justify the homicide, he must, at least, have reasonably apprehended the loss of his own life, or great bodily harm, to prevent which, and under a real, or at least supposed necessity, the fatal blow must be given. And again, the combat must not have been of bis own seeking, and he must not have put himself in the way of being assaulted, in order that, when assailed and hard pressed, he might take the life of his assailant. It will also be admitted, prevention, by an assassin who will fire at me on sight? Am I to wait to receive the shot, in order to comply with the technical requisite that before I can fire an attempt should be made on my life? In a state of nature, where there is no law to which I can appeal to have such a villain restrained, I am entitled, in order to save my life, to take the law into my own hands; though I do this at my own risk. On this principle may be explained a remarkable case in California, where a party of persons were on an island belonging to the United States, engaged in gathering wild birds' eggs, and where another party attempted to land for the same purpose. It was held that if the first party resisted the landing by force, the second was justified in using force, and that if one of the occupants was killed in the encounter, this was excusable homicide.1 But if there be any tribunal to which a party believing his life to be in danger may resort for protection, he must claim this protection; and...show more

Product details

  • Paperback | 352 pages
  • 189 x 246 x 19mm | 630g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236527259
  • 9781236527257