The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1894-01-17

further NeWby drawn meant snOC
the back this in his dwelling The laws of hospital
are sacred but hgh if not higher duties devov
ling upon guest upon the host and that the host must
enanger his life in quxoc Difference to these laws neither
law good sense and would strip sedefence OF Its every
fright.
On general principles compelled to retreat in
out of his dwelling, of "felonious assaults"
to Selfridges famous in Horrgan Thompsons
Gases on editors say, whee the assault is
lonou of mutual bros and combats where the
supposs both parties in measure cupabe retreat is
necessary "But applied to all where person going
his lawful way and assaulted without reference to the question
whether felony espass the person. is manfey
intended would require flee before another who mur
derousy assas him. traveller to flee before highway rob-
be woman to flee before her wouldbe ravshe before
sorting the extreme of defence 1t Is safe TO say that
the law puts upon person necessity The old writers in
speaking jusa6e homcdthat homicide committed in
the resistance of flonienake mention of the duty OF re-
treating" 23; b. Conn., 1870; Hale p C. 488; East
p 271 "And safe say that if assault is manfesly
eonous person aed being himself innocent may odi-
nary kill the assilant without retreatng Accordingly it is
stated Mr. Bishop that where an attack Is made with murder
Gus intent the person attacked under obligation to ee but
may stand his ground and if need be- kill his adversary And
this is clearly the law"
Bish. Grim. Laso Is Ed)s $780,
We think proof here shows that the attack murderous
certainly defendant had the right to think and we
think the Judge should have at least charged that Mcintosh was
not forced retreat if the attack such instead of several
times repeating that the accused cannot plead seldeence w
there any other means of escape"
In Pond People, Mich 15O Court "1f any forcibe at
tempt feonious intent against person property
the person resisting not bound to retreat but may pursue mis-
adversary necessary till he finds himself out of danger
Reasonable apprehension however, is sufficient here precisely as
i'm all other cases."
In Cases on seDeence SUPRA p 49, note is said: eff
man who murderouy aaed obliged in all to retreat
before killing there may be limit to his retreatng long as
enemy shall pursue his murderous intent He obliged
hide away from his adversary continually and carry on his
business stealthily by night.
e repeat our conviction that the law to
nf tod
may pursue his just way whether he shall be obliged to fly
The then laid down in that the right to defend
ones self does until the defendant has at least attempted
avoid the necessity of that defence must not be understood as
putting upon innocent person who murderously ased the
necessity of retreang before he can kill his asaan but must
be held apply where the assaled is himself in some
fault where the assault not in its character manifey eo-
NOUS"
In Bohannon ys Commonwealth Blsh 4S Ky Amer. r.
4 the Court says It misleading to instruct the jury
the proof in this prosecution that Bohannon right of self
defence did until he had doe everything IN his pocer to
aroid the necessity" of Staying his adversary.
We think under the facts of the at bar Judge Nortons
charge did mead the jury when he said f you come to the
conclusion that the defendant Mcintosh thought there
other escape then ought not to give him the benefit
of self-defence"
Sin all cases where party without fault careeness is mis-
concerning facts and acts he would be justified in doing if
the facts were what believed them be- he is legally as he is
morally, innocent"
Bish. Grim. Laao, 242.
"Where defendant addressed deceased in peaceabe manner
and the latter replied angy and insulngy and approached
him with hand his pistol pocket though draw and fire.
Held that justified in firing first though subse
quenty appeared that deceased had no weapon
De Aamaa State, II Ala. IS.
AMER & Eng Eacy Of L1w. 59S, note Q0.
eff an assault made under circumstances which create just
apprehension imminent danger of death great bodily harm
another it adequate ground for that reasonable fear imme-
date danger which will justify the killing of the assaant"
AMER Eng. Ency of L.. 600.
The right sedeence not impaired by mere preparation
hptc
demonstration either verbal otherwise indicative of the
wrongful purpose"
Forten6erry State, SIS Miss. 405
9 Amer & Eng. Ency Of IT, COB.
| Carroll us. State, % Ala. %.
Collins Us. State, 32 IoUa 36.
| Yonng Commonwealth, Bush 3l2
| Patton People, 18 Mich. 314.
But say that man. who himself without fault under
circumstances bound to retreat seek of escape
from his own house.
At page of Cases SeDefense SUPRA is the following
noe "a being in his habitaon at the WALL and in his
CASTLE and is not obliged to retreat under circumstances
In Pond People, Mch $780, it is sad "a is not how
ever obliged retreat if assaulted in his dwelling but
such absolutely necessary to repel the asiant from
his house. prevent his forcbe entry the taking OF
life But in other cases. he must not take life if he
otherwise arrest or repel the assaant."
i Bsh. Crim Laao, $50.
Green. EU., 8 H.
Haa0k. p. c., Book l, Oh. %, 23
Cases SelfDefense S6l, note o. "Where person
is defending his home defending himself his family guests
defendants his house, he is not obliged to retreat before he
justify killing he ordinarily is in of defence in COM
bat The of this rule that in law mans house is his
castle, the old books express it, his nn rggom