Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1905-02-09

ceased. Evidence has been received
in the case tending to show that the
deceased was man of quarrelsome
vindictive and fighting disposition and
that he had made threats against the
life of the defendant and others. This
evidence was permitted to be received,
not because it is any the less crime
to murder a bad man than good man,
or to murder ones enemy more than
to murder ones friend. The reason
and object of receiving the evidence,
is to enable the jurors to place them
selves in the situation oflthe defendant
at the time he fired the fatal shot, that
they may know what he then knew, feel
what he felt and look at the occurrences
through his eyes In view of the previous
difficulty between the parties, and the
previous threats, IL any, he had made
towards the defendant. To justify
self-defence IL is not necessary that
the defendant should actually have
been in imminent peril of losing his
life, or receiving great bodily harm.
The law of self defence justiiies the
citizen in acting upon appearances,
and if, at the time of the fatal shot, he
had Reasonable ground to appre-
bend a design on the part of the de-
ceased totake the life of the defendant,
and apparently there was immediate
danger of such design being accom-
plished. then the defendant had the
right to kill the deceased IL such
measures appeared to him necessary
to protect himself Every
person has right to act in his own
necessary self-defence and where per-
son is in place when he has a right
to be, and Is not the aggressor In
bringing on the conflict and is assault
ed by another person i'm such way
as to place him in danger of death or
great bodily harm, the person assault
ed is not bound to retreat, but on the
contrary may stand his ground and
repel the danger such force
as will repel the q tack
If at the time the defendant fired the
fatal shot, deceased was not engaged
in making an assault upon the defend
ant, or in any way threatening or men
acing him, and even not reaching for
his gun and the defendant was in no
imminent danger, then the defend
ant was not justified in shooting the
deceased, even though the deceased
had at some time previous assaulted
II
being necessary that there should be
som act by the other such as would
induce him to believe that he was in
imminent danger of death or great in
Jury, he must believe that he was
in danger and act on that belief alone.
'If it appears
that Byron Stoddard was man of bad
character and OF a violent and danger
Gus temper, and such was known to the
defendant that such fact Is proper for
the jury to consider--in determin-
ing whether or not the deceased by his
acts at the time of the homicide, gave
hedefendant reasonable cause to app
rehend an intention on the part of the
deceased to take the life of the defend
ant. = A person has no right to
advance upon or towards another
with deadly weapon in order to pre-
vent forcible and unlawful trespass
on real property, even though the per
son about to commit such trespass is
armed with deadly weapon, provid-
ed the person about to commit such
trespass does not make any hostile de-
monstration towards the accused.
In other words, the mere fact that
Stoddard was a desperate character,
and was armed with deadly weapon,
and was in the act of committing a will
full and unlawful
not justify the defendant In advancing
upon him with a deadly weapon mere
ly in order to prevent such threaten
ed trespass, and ii the defendant did
so he would be deemed the aggressor
and could not rely on self-defence pro-
vided the deceased was not at the time,
making an attack on the defendant.
RI the defendant advanced towards the
deceased with deadly weapon with
intent to shoot the deceased, IL neces-
sary, merely in order to prevent such
threatened trespass, then defendant
would not be justified---as in that
event he would be deemed the aggress-
or. In other words If the deceased
was not at the time the shot was fred
making some overt act of attack.
but was simply in the act of committing
trespass--the defendant would not
be justified in shooting