 | Illinois. Supreme Court - 1891 - 794 pages
...Attorney General, for the People : The facts necessary to be proven to sustain the defense are : First, that the circumstances were sufficient to excite the fears of a reasonable person; and second, it must appear that the party killing really acted under the influence of those... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1908 - 738 pages
...in the homicide may be proven. State v. Kent, 5 ND 550, 67 NW 1052, 35 LR A. 518. The instruction, "it must appear that the circumstances were sufficient to excite the fears of a reasonable man and the party killing acted under the influence of those fears," is correct. 2 Blashfield on Instructions... | |
 | 1923 - 1642 pages
...appear that the circumstances, viewed from the defendant's standpoint, as they reasonably appear to him, were sufficient to excite the fears of a reasonable man, and that the defendant acted upon these reasonable appearances of danger." That instruction, it was held by the... | |
 | 1921 - 1618 pages
...313. It is sufficient, in order to make the defense cf justifiable homicide available, if it appears that the circumstances were sufficient to excite the fears of a reasonable man that a felony was about to be committed upon his person, and that the party killing acted upon those... | |
 | 1911 - 964 pages
...fired the fatal shot that killed the deceased he was being violently attacked by the deceased, and that the circumstances were sufficient to excite the fears of a reasonable man that he was about to suffer death or great bodily harm at the hands of the deceased, and that the defendant... | |
 | Norman Edgar Wright - 1994 - 179 pages
...appearances- upon the condition of things as they present themselves to his mind at the time, provided that the circumstances were sufficient to excite the fears of a reasonable person and the party killing acts wholly under the influence of such fears. (Paragraph 26) The jury... | |
 | 1877 - 592 pages
...violence to any person dwelling or being therein. " Section 26. A bare fear of any of these oflenses, to prevent which the homicide is alleged to have been...were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of those fears, and not in a spirit... | |
 | 1897 - 1164 pages
...offering personal violence to any person dwelling or being therein. A bare fear of any of these offenses, to prevent which the homicide is alleged to have been committed, shall not be suth'cient to justify the killing. It must appear that the circumstances were sufficient to excite... | |
 | 1888 - 548 pages
...or endeavors by violence and surprise, or either, to commit a felony. A bare fear Is not sufficient; It must appear that the circumstances were sufficient to excite the fears o( a reasonable man, and that the party killing acted under the Influence of those fears. If a person... | |
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A bare fear of any of these offenses, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and... 
