The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1905-02-03
Judges Charge.
Continued from page /,

weapon to repel such assault, or threat.
ened assault. and he honestly and in
good faith believed there was imminent
danger Of great bodily injury at the
hands Of the deceased, and that it was
necessary to shoot the deceased in order
to save his life, or to protect his person
from great bodily injury, then he would
be justified in firing such shot, otherwise
not" 1T under the cir
cumstances as detailed--you can say
that it did not appear to the defendant at
the time the fatal shot was fired that he
was in imminent danger OF death or great
personal danger at the hands Of the de-
ceased, then he had no right to fire such
shot, or take the life of the deceased.
Evidence has been received il the case
tending to show that the deceased was
man OF quarresome- vindictive and
fighting disposition and that he had
made threats against the life OF the de-
fendant and others. This evidence was
permitted to be received, not because il
is any the less crime to murder bad
man than good man, or to murder ones
enemy more than to murder ones
friend. The reason and object of re-
ceiving the evidence, is to enable the ju.
rors to place themselves in the situation
Of the defendant at the time he fired the
fatal shot, that they may know what he
, then knew, feel what he felt and look al
the occurrences through his eyes in view
of the previous difficulty between the
parties, and the previous threats, if any,
he had made towards the defendant
TO justify self-de.ence it is not necessary
that the defendant should actually have
been in imminent peril Of losing his life
orr receiving great bodily harm. The
law of self defence justifes the citizen ir
acting upon appearances, and if. at the
time of the fatal shot, he had--reas
enable ground to apprehend design or
the part of the deceased to take the lite
of the defendant, and apparently there
was immediate danger of such design be-
ing accomplished, then. the defendan
had the right to kill the deceased if such
measures appeared to him necessary tc
protect HIMSELF = CIV
cry person has right to act in his owr
necessary self-defence and where a per
son is in place when he has right tc
be, and is not the aggressor in bringing
on the conflict and is assaulted by anoth
er person in such way as to place him
in danger of death or great bodily harm,
the person assaulted is not bound to re.
treat, but on the contrary may stand his
ground and repel the danger--with
such force as will repel the attack
even to take the life of his assailant."
If at the time the de.
tendan fired the fatal shot, deceased was
not engaged in making an assault upon
the defendant or IN any way threaten
ing or menacing him, and even not
reaching for his gun and the defendant
was in no imminent danger,
the defendant was not justife d in shoot.
ing the. deceased. even though the de-
ceased; had at some time previous
assaulted or threatened the defendant
--it being necessary that there
should be some 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 violent and danger.
Gus temper, and such was known to ths
defendant that such fact is proper for the
jury to consider-in determining
whether or not the deceased by his acts
at the time Of the homicide, gave the de-
tendant reasonable cause to apprehenc
an intention on the part of the deceased
to take the life OF the defendant" X
"A person has no right to advance upor
or DIS another with deadly weap
on in order to prevent iorcible and un
lawful trespass OH real property, ever
though the perso about to commit such
trespass is armed with deadly weapon
provided the person about to commi
such trespass does not make any hostile
demonstration towards the, accused.
In other words, the mere fact tina
Stoddard was desperate character, anc
was armed with deadly weapon, ano
was in the act Of committing wlliul ane
unlawful respass--would not justify
the defendant i'll advancing upon hin
with a deadly weapon merely III order te
prcvt mt such threatened trespass, and i
the defendant did so he would De deem
ed the aggressor and could not rely OF,
self-defence provided The deceased wa.
not at the time, making Az attack on tn.
defendant. II the defendant advanced
owards the deceased with deadl,
weapon with intent to shoot the deceas
ed, if necessary, merely in order 10 pre-
| vent S,,cl, fhraotunoi tvoc,>,., 49,.