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Self-Defense

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

The protection by force of one's person or property from unlawful injury. The force used must be no more than is reasonably necessary to repel the hended. Thus, an assault with the hand cannot be repelled by the use of a deadly weapon.

77 Ind. 274; 34 Ohio St. 98.

As a general rule, an assault threatening death or serious bodily injury, the infliction of which would amount to a felony, may be resisted to the taking of life (29 Ohio St. 186; 8 Mich. 150), but not an assault which is but a misdemeanor (2 N. Y. 193). Unlawful injury to property may be resisted by force short of the taking of life (148 Mass. 529; 56 Vt. 703), but the taking of life in defense of property is only justifiable when it is necessary in order to prevent a felony attempted by violence or surprise, as burglary, robbery, or arson (4 Bl. Comm. 180; 25 Grat. [Va.] 887; 31 Conn. 479), but not secret felonies, such ais larceny (71 Ala. 330).