 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1862 - 466 pages
...judge, in speaking of the same case, " that when, from the nature of the attack, there is reasonable ground to believe that there is a design to destroy...person, the killing the assailant will be excusable VOL. I. 22 Goodall v. State. homicide, although it should afterwards appear that no felony was intended."... | |
 | Law - 1865 - 358 pages
...the court should charge the jury, " that when, from the nature of the attack, there is a reasonable ground to believe that there is a design to destroy his life or commit any felony upon his person, tlie killing of his assailant will be excusable homicide, though it should afterwards appear that no... | |
 | John H. Colby - Criminal law - 1868 - 796 pages
...adversary without retreating at all. Third. — 'When, from the nature of the attack, there is reasonable ground to believe that there is a design to destroy...or commit any felony upon his person, the killing of the assailant will be excusable homicide, although it should afterwards appear that no felony was... | |
 | John H. Colby - Criminal law - 1868 - 806 pages
...believe that there is a design to destroy his life, or commit any felony upon his person, the killing of the assailant will be excusable homicide, although...should afterwards appear that no felony was intended. The Court of Appeals in this State have stated the rule to be that, one who is without fault himself,... | |
 | California - Criminal law - 1872 - 698 pages
...Judge had before instructed the jury that 'when, from the nature of the attack, there is reasonable ground to believe that there is' a design to destroy his life, or commit any felony u[>o]t his person, the killing of the assailant will be excusable homicide, although it should afterwards... | |
 | California - Criminal law - 1874 - 712 pages
...Judge had before instructed the jury that ' when, from the nature of the attack, there is reasonnblo ground to believe that there is a design to destroy...or commit any felony upon his person, the killing of the assailant will be excusable homicide, although it should afterwards appear that no felony was... | |
 | L. B. Horrigan, Seymour Dwight Thompson - Self-defense (Law) - 1874 - 1132 pages
...l>e loaded or not (Whart. on Horn., 215.) When, from the nature of the attack, there is reasonable ground to believe that there is a design to destroy his life or to commit any felony upon his person, the killing the assailant will be excusable homicide, although... | |
 | Francis Wharton - Homicide - 1875 - 848 pages
...adversary without retreating at all. Thirdly. When, from the nature of the attack, there is reasonable ground to believe that there is a design to destroy...propositions, the last is the only one which will be contested anywhere ; and this will not be doubted by any one who is conversant in the principles of criminal... | |
 | Francis Wharton - Homicide - 1875 - 854 pages
...adversary without retreating at all. Thirdly. When, from the nature of the attack, there is reasonable ground to believe that there is a design to destroy his life, or commit anj felony .upon his person, the killing the assailant will be excusable homicide, although it should... | |
 | United States. Supreme Court - Law reports, digests, etc - 1877 - 748 pages
...adversary without retreating at all. 3. That when, from the nature of the attack, there is reasonable ground to believe that there is a design to destroy his life or to commit any felony upon his person, the killing the assailant will be excusable homicide, although... | |
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When from the nature of the attack, there is reasonable ground to believe that there is a design to destroy his life, or commit any felony upon his person, the killing the assailant will be excusable homicide, although it should afterwards appear that... 
