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

felon within his premises.
One may not only defend his own
person with the degree Of force ne
cessary TO- resist the attack. but he
may defen1 the persons It the men,
bers Of his family as vel. Thus q
father may defend q son, and son
his father. A master may also de-
iend his servant, AMI vice versa the
servant his master.
The right Of defense extends to
property az we'll. One may defend
the properly which he lawfully has
In his possession. The property need
not be his own, 1t Ia enough that he
mas it rightfully within his custody.
Jenkins rented a horse from Dale's
livery. While riding on the horse
Jewett stopped him and demanded
the horse. Jewett was creditor Of
Dale q and said that the debt being
long overdue he intended to enforce
ais rights. He endeavored to take the
morse away from Jenkins by force.
jenkins resisted with force and sue
eeeded In retaining possession OF the
horse. Jewett sued Jenkins for as
sault and battery for his use OF force
In resisting the effort to secure the
horse. The court ruled that Jenkins
was justified In defending the pro-
perty rightfully within his possession
and having used NO greater force
than necessary In its defence was not
liable to Jewett, whom he had in mol
way wronged.
In defending ones own premises
from invasion there are certain re-
quirements II the right Of self de-
tense is to be exercised. One may
not forcibly eject another from his |
premises merely because he 10 al
trespasser The trespasser must first
be ordered to depart, and only in |
the event that he refuses may force
be used to eject him. The trespasserl
must first be given the opportunity |
to depart peaceably. II the tres
passer has come upon the premises
violently or contrary to express com
mand OF the owner he may be resist
ed and elected without a demand
that he depart. In neither case,
however may more force than Is ne
cessary be used for the removal Of
the trespasser, else the right Of de-
tense will be exceeded.
There are certain other legal JUS
tifications for the application Of
force In manner that would other
wise amount to assault and battery.
Certain individuals have authority
over others of nature which per-
mits the use of force as means Of
punishment or coercion. The parent
has the right to give moderate chas-
tisement to a minor child without /
being guilty of assault and battery. /
So, too, guardian standing in the
place OF parent, may punish
child in his care. An official in
charge Of a public institution usually Il
has the right to enforce his author
ty by moderate chastisement. Gen.
orally a master has no right to chas-
Use his servant. but the master OF /
. ship, being in an unusual position,
may enforce his authority by the use |
Of force on the persons Of his sub.
ordinates.
One Is justified in applying force
10 one who is engaged In criminal |
conduct, for the purpose Of lettering |
him. One who notices another who
10 unconsciously In an exposed or
dangerous position, and who applies
force to that person to rescue him |
ID justified. The collisions and con.
flicts which occur between partici-
pants In the course Of various games |
are not generally viewed az assaults |
and batteries. II a player goes be-
yound the rules Of the game and |
checks or strikes another, violently |
and In a manner not permitted by
the rules, 1t amounts to an assault
and battery. Prize fights are view-
ed az somewhat exceptional and par
Elephants are held guilty Of assault
and battery though both consented.
Some peculiar defenses have been
raised in assault and battery cases.
0ne Is disclosed by the following Quo-I
alton from the opinion OF Cali:
'ornia judge; II strong man has q N
weak one In his power. and gives the
dctim the choice Of being kicked or
'uffed. he cannot defend the battery
m the ground that the injured man
The average person, Of peaceablel
nclinations, will not go far wrong In
he daily affairs Of life II he remem-
'ers that force Is not to be exerted
'gainst another even by way Of de-
ense except in circumstances of OBJ
ious necessity.
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