Self Defence
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
crim. law, is the right to protect one’s person and property from injury. Even homicide may be excused, se defendendo, where a man has no other probable ! means of preserving his life from one who attacks him on a sudden quarrel, or who beats him, if reduced to this inevitable necessity. Hawk. bk.
2, c. 11, s. 13.
When so reduced he cannot call to his aid the power of society or the commonwealth, and being unprotected by the law, he reassumes his natural rights, which the law sanctions, of killing his adversary to protect himself. Toull. Dr. Civ. Francais, liv.
1,t.
I, n.
210; see Pamph. Rep. of Selfridge’s Trial in 1806; 2 Swift’s Dig. 283.
A man may also repel force bv force in defence of his person, habitation or property, against commit a felony; such as murder, rape, robbery, arson, burglary or the like; in these cases he is not obliged to retreat, but may pursue his adversary until he has secured himself from all danger, and if he kill him in so doing it will be excusable self defence.
2 Sw. Dig. 283, 4.