| L. B. Horrigan, Seymour Dwight Thompson - 1874 - 1132 páginas
...whether there was proof tending to show that the defendant may have acted upon a reasonable belief that he was in danger of death or great bodily harm at the hands of the deceased. [Ace. Pridgen's case, ante, p. 416 ; Little's case, post, next case. Contra, Myers' case, ante, p.... | |
| 1920 - 1148 páginas
...time he shot and killed the deceased, had reason to believe, and did believe, that he was in imminent danger of death or great bodily harm at the hands of the deceased." This court, speaking by Mr. Justice Wolverton, held that it was error to refuse the requested instruction,... | |
| 1894 - 1154 páginas
...testify whether, at the moment when he committed the fatal act, he did, or did not, really believe that he was in danger of death or great bodily harm at the hands of the deceased; where the charge is assault and battery with intent to ravish, he may testify that the assault was... | |
| 1908 - 1134 páginas
...accused In striking the fatal blow, it is not sufficient that he at the time believed himself to be in danger of death or great bodily harm at the hands of the deceased; but the circumstances must have been such as to justify a reasonable man in such belief, and, further,... | |
| 1910 - 1164 páginas
...accused in striking the fatal blow, it Is not sufficient that be at the time believed himself to be In danger of death or great bodily harm at the hands of the deceased ; but the circumstances must have been such, In the judgment of the Jury, as to justify a reasonable... | |
| 1913 - 1134 páginas
...the time he fired the fatal shot believed, and was justified In believing, that he was at that time in danger of death or great bodily harm at the hands of the deceased, then he had a right in self-defense to commit the act? Mr. Wolcott: I think that Is substantially correct.... | |
| 1910 - 1148 páginas
...excuse the accused In firing the shot, It Is not sufficient that he at the time believed himself to be In danger of death or great bodily harm at the hands of the prosecuting witness, but the circumstances must have been such, in the judgment of the Jury, as to... | |
| 1915 - 1326 páginas
...prosecution for homicide, an instruction that if defendant believed, and had reasonable grounds for believing, that he was in danger of death or great bodily harm at the hands of deceased, and used no more force than was reasonably necessary, or than seemed to be necessary, in... | |
| 1910 - 1386 páginas
...MeCarley, when, under the facts as presented in the record, appellant had as much reason to believe that he was in danger of death or great bodily harm at the hands of Henry MeCarley, Phill's son. The evidence tended to show that the father and son were making a joint... | |
| 1904 - 1244 páginas
...testified that Mastín began the fight by shooting first, and that he only shot because he believed he was In danger of death or great bodily harm at the hands of deceased. The defendant's right to an acquittal js made to rest in this instruction upon his belief,... | |
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