| 词汇 | Self-Defense Defense2 |
| 释义 | `1`Self-Defense Defense2 `2` "Legal Lexicon": 1st. A man may defend himself and even commit a homicide for the prevention of any forcible and atrocious crime, which if completed would amount to a felony; and of course under the like circumstances, mayhem, wounding and battery would be excusable at common law. A man may repel force by force in defence of his person, property or habitation, against any one who manifests, intends, attempts, or endeavors, by violence or surprise, to commit a forcible felony, such as murder, rape, robbery, arson, burglary and the like. In these cases he is not required to retreat, but he may resist and even pursue his adversary, until he has secured himself from all danger. 2d. A man may defend himself when no felony has been threatened or attempted: 1. When the assailant attempts to beat another and there is no mutual combat, such as where one meets another and attempts to commit or does commit an assault and battery on him, the person attacked may defend himself, and; 2. An attempt to strike another, when sufficiently near so that that there is danger, the person assailed may strike first, and is not required to wait until he has been struck. When there is a mutual combat upon a sudden quarrel both parties are the aggressors, and if in the fight one is killed it will be manslaughter at least, unless the survivor can prove two things: 1st. That before the mortal stroke was given be had refused any further combat, and had retreated as far as he could with safety; and 2d. That he killed his adversary from necessity, to avoid his own destruction. A man may defend himself against animals, and he may during the attack kill them, but not afterwards. As a general rule no man is allowed to defend himself with force if he can apply to the law for redress, and the law gives him a complete remedy. --b-- |
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