Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-07-12

touch him. Thus assaulted Devlil
took vigorous action and proceeded
to pound Rice into state OF insen
sibiMty. The public prosecutor pro
ceeded against Devlin In crimina
action for assault and battery, an,
he was found guilty and fined. Ric'
also sued Devlin In q civil actor
and recovered damages. Devlin claim
I'd that he had acted only In self de
Tense.
H While there 10 right Of self de
tense recognized by law 1t 10 no
broad enough to cover an action sucl
as Develin's. One whose person Il
assaulted may defend himself: blu
In defending himself he may not US.
more force than 10 reasonably neces
sary under the circumstances. II 70,
are assaulted you may strike back
but you may not strike back more
vigorously than Ii necessary to de
fend your person from the threatened
attack In this case Devlin was jus
ified in resisting Rice. Rice having
been resisted, and having ceased te
attack, however, Devlin was not jus
lifted In continuing further. In do
ing SO he became the assailant, and
lis further action was new assault
and battery for which he was liable
both In a civil suit for damages and
lin criminal action. The law does
not require that the vigor OF the de-
Tense be absolutely adjusted to the
vigor Of the attack, since 1t recog-
lizes that this Is not always possible
of accurate determination. 1t Is re.
luired however, that the defender do
aot step beyond the bounds Of reason
lin his acts OF defense.
| As the New York Court has re-
marked:
| Self defense 10 q primary law of
mature and 1t 10 an excuse for
breaches OF the peace, and even for
homicide itself. But care must be
taken that the resistance does not
exceed the bounds Of mere defense,
prevention. or recovery, SO - to be-
come vindictive; for then the defend
er would himself become the aggres-
sor. The force used must not ex-
coed the necessity OF the case. -
To justify the use Of force on the
ground that 1t was in SELF defense
there must have been an actual at
tempt to offer bodily harm. The at
tack resisted must be apparently real.
Self defense may not be claimed when
the force was exer4ed after the dan
ger OF attack had passed. The
threatened assault having passed,
there Ia no longer any need for self
defense.
The means that person may take
In his own defense must depend, of
course, upon the particular danger
which threatens. A degree Of force
may be used In self defense equal to
the degree Of force with which the
defender Ia attacked Killing an as
sailant may even become justifiable
by way Of self defense, especially
where he attacks with deadly wea-
pom.
/ O'Malley and Grady had had many
quawels and finally one arose which
was particularly bitter. Grady Wig
orously threatened to kill his adyer-
sary on sight. Later in the day they
met and Grady at once assaulted
O'Malley with large club dealing
him several serious blows about the
head. Unable to ward off these
blows O'Malley drew his pistol and
fired, killing Grady. He was tried
on q charge Of manslaughter, but
held not guilty. the Jury finding
that he had acted In reasonable self
defense.
Az a general rule one may kiln an
assailant when 1t IL apparently ne.
cessary in order to save himself from
death or great bodily harn, while in
the midst Of a sudden combat which
he has not himself provoked. Gen.
orally speaking, the law requires that
the person attacked retreat, II pos.
sible, before he may kill an assail-
ant and claim self defense az a JUS
LITIGATION. Tho person attacked
need not retreat IL to do 90 would
place him In more precarious posi-.
ton, but he must retreat even thought
to do SO would not apparently i'm
prove his position. There are some
states in which the courts hold that
y person attacked may stand his
ground under practically all circum-
stances. but such rule 10 rather ex-
ceptional.
1t Ia probably familiar rule that |
person attacked need not retreat
farther than his own premises. One |
attacked in his own home. or in his !,
own office 10 under no obligation to
retreat. but may stand his ground, no
matter how threatening the attack,