 | Frank Sumner Rice - Criminal procedure - 1894 - 1062 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... | |
 | Law reports, digests, etc - 1896 - 632 pages
...without retreating at all. And when, from the nature of the attack, there is reasonable ground to believe there is a design to destroy his life, or commit any...assailant will be excusable homicide, although it should afterward appear that no felonv was intended." Selfridge's Trial, page 160; per PARKRR, CJ The doctrine... | |
 | United States. Supreme Court - Law reports, digests, etc - 1901 - 1108 pages
...believe that there is a design to destroy his life orlo commit any felony upon bis person, the killing of the assailant will be excusable homicide, although it should afterwards appear that uo fe!on\ was intended." And in this connection, the learned judge charged among things as follows:... | |
 | John Romain Rood - Criminal law - 1906 - 648 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...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... | |
 | William Ephraim Mikell - Criminal law - 1908 - 638 pages
...J., in speaking of the same case, "that when, from the natiirg_ftf the attack, there is reasonable ground to believe that' there is a design to destroy his life, of commit any f"e!ony upon his person, the killing the assailant \vill~~b~e"exctisaEie~liomicide, although... | |
 | Law reports, digests, etc - 1911 - 1998 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 i Oregon— aa homicide, although it should afterwards appear that no felony was intended." "To this... | |
 | Joseph Henry Beale - Liability (Law) - 1915 - 844 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...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... | |
 | William Ephraim Mikell - Criminal law - 1915 - 288 pages
...there is_reasonable ground to believe_ jhat :_tftere.i§ a design Ja_d.astrQiJlIs life, or commit anv felony upon his person, the killing the assailant will be excusable homicide, although it should af terwardp ?,pp^ r that no Felony was intended." "To this doctrine," says the learned judge, "I fully... | |
 | United States. Supreme Court - Law reports, digests, etc - 1922 - 1044 pages
...that there is a aesign to destroy his life or to commit any felony upon his person, the killing of the assailant will be excusable homicide, although it should afterwards appear that no felony waa intended." And in this connection, the learned judge charged among things as follows: "You see... | |
| |
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... 
