 | 1926 - 1238 sider
...trial is that the court erred in giving instruction No. 7, which is as follows: "The bare fear of those offenses, to prevent which the homicide is alleged...that the circumstances were sufficient to excite the fear of a reasonable person, and that the party killing really acted under their influence and not... | |
 | 1898 - 536 sider
...receiving great bodily harm, the killin g was absolutely necessary, and that a bare fear of these offenses shall not be sufficient to justify the killing; it...were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of these fears, and not in a spirit... | |
 | 1905 - 2338 sider
...providing that justifiable homicide is the killing of a human being in necessary self-defense, and that to justify the killing it must appear that the circumstances...were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of those fears and not in a spirit... | |
 | 1898 - 1068 sider
...order to save his own life; while a proper construction of the law imposes only the burden of showing that the circumstances were sufficient to excite the fears of a reasonable man, and that he really acted under the Influence of these fears, and not In a spirit of revenge, and that he thought... | |
 | 1918 - 1094 sider
...life or to prevent the infliction of a serious personal injury upon him amounting to a felony, and that the circumstances were sufficient to excite the fears of a reasonable man that an injury amounting to a felony was about to be inflicted upon him at the time of the killing,... | |
 | Illinois. Supreme Court - 1891 - 794 sider
...Attorney General, for the People : The facts necessary to be proven to sustain the defense are : First, that the circumstances were sufficient to excite the fears of a reasonable person; and second, it must appear that the party killing really acted under the influence of those... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1908 - 738 sider
...in the homicide may be proven. State v. Kent, 5 ND 550, 67 NW 1052, 35 LR A. 518. The instruction, "it must appear that the circumstances were sufficient to excite the fears of a reasonable man and the party killing acted under the influence of those fears," is correct. 2 Blashfield on Instructions... | |
 | 1921 - 1618 sider
...313. It is sufficient, in order to make the defense cf justifiable homicide available, if it appears that the circumstances were sufficient to excite the fears of a reasonable man that a felony was about to be committed upon his person, and that the party killing acted upon those... | |
 | 1923 - 1642 sider
...firmly embedded in the law of this state, it is equally well settled that a bare fear of any of these offenses, to prevent which the homicide is alleged to have been committed, is not sufficient to justify the act under the doctrine of self-defense." In Reins v. People, supra,... | |
 | 1911 - 964 sider
...fired the fatal shot that killed the deceased he was being violently attacked by the deceased, and that the circumstances were sufficient to excite the fears of a reasonable man that he was about to suffer death or great bodily harm at the hands of the deceased, and that the defendant... | |
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A bare fear of any of these offenses, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and... 
