Justifiable Homicide

Justifiable homicide is the necessary killing of another in the performance of the legal duty, or the exercise of a legal right, the slayer not being at all in fault. Homicide is justifiable (1) in the execution of a capital sentence pronounced by a competent court; (2) to prevent the commission of a felony; (3) to suppress a riot; (4) to effect the arrest of a felon, or prevent his escape after arrest; (5) where one who is feloniously assaulted, and who is himself without fa Dlt> kills his assailant to save himself from death Or great bodily harm then appearing reasonablytmminent. 1 CJlark & Marshall) Crimes, 582.

That which is committed with the intention to kill, or to do a grievous bodily Injury, under circumstances which the law holds sufficient to exculpate the person who co^imlts it A judge who, in pursuance of his duty, pronounces sentence of death, is not guilty of homicide; for it is evident that as the law prescribes the punishment of death for certain offences, it must protect those who are intrusted with its execution. A judge, therefore, who pronounces sentence of death, in a legal manner, on a legal Indictment, legally brought before him, for a capital offence committed within his Jurisdiction, after a lawful trial and conviction of the defendant, is guilty of no offence; 1 Hale, PI, Cr. 496. Magistrates, or other officers intrusted with the preservation of the public peace, are justified in committing homicide, or giving orders which lead to it, if the excesses of a riotous assembly cannot be otherwise repressed; 4 Bla. Com, 178, 179. So a homl- (fide is justifiable, when committed by an dldal duties; In re Neagle, 135 U. S. 1, 10 Sup. Ct 658, 34 L. Ed. 55. An officer intrusted with a legal w'arrant, criminal or civil, and lawfully commanded by a competent tribunal to execute it, will be justified in committing homicide, if in the course of advancing to discharge his duty he be brought into such perils that without doing so he cannot either save his life or discharge the duty which he is commanded by the warrant to perform. And when the warrant commands him to put a criminal to death, he is Justified in obeying it; Cl. Cr. L. 134. See, State v. Rollins, 113 N. C. 722, 18 S. B. 394. In endeavoring to make an arrest an officer has the right to use all the force that is necessary to overcome all resistance, even to the taking of life; State v. Dierberger, 96 Mo. GG6, 10 S. W. 1G8, 9 Am. St. Rep. 380. A soldier on duty is justified in committing homicide, in obedience to the command of his officer, unless the command was something plainly unlawful. A man may be justified in killing another to prevent the debauching of his wife; Futch V. State, 90 Ga. 472, 16 S. E. 102. A private individual will, in many cases, be justified in committing homicide while acting in self-defence; Fields v. State, 134 Ind. 46, 32 N. E. 780; Lovett v. State,.30 Fla. 142, 11 South. 550, 17 L. R. A. 705; Keith V. State, 97 Ala. 32, 11 South. 914; Garell</v. State, 31 Tex. Cr. R. 66, 20 S. W. 179. If a trespass on the person or property of another amounts to a felony, the killing of the trespasser will be justifiable, if necessary in order to prevent it; Crawford v. State, 90 Ga, 701, 17 S. E. 628, 35 Am. St. Rep. 242. It is not true as a general proposition that one who is assaulted by another with a dangerous weapon is justified in taking the life of the party so assaulting him; State V. West, 45 La. Ann. 14, 12 South. 7. The same circumstances that will justify or excuse the homicide where the assault is upon one’s self, will also excuse or justify the slayer if the killing is done in defence of his family or servant; Hathaway v. State, 32 Fla. 56, 13 South. 592. See Defence. An instruction to a jury requiring a justification of homicide to be established beyond a reasonable doubt is erroneous; People v. Hill, 65 Hun 420, 20 N. T. Supp. 187. To establish a case of justifiable homicide it must appear that the assault upon the prisoner was such as would lead a reasonable person to believe that his life was in peril; Allen v. U. S., 164 U. S. 492, 17 Sup. Ct. 154, 41 L. Ed. 528. See Arrest; Ho Micros; Justification.

Such as is committed intentionally, but without any evil design, and under such circumstances of necessity or duty as render the act proper, and relieve the party from any shadow of blame ; as where a sheriff lawfully executes a sentence of death upon a malefactor, or where the killing takes place in the endeavor to prevent the commission of felony which could not be otherwise avoided Moran v. Peoria, 163 III. 382, 45 N. E. 230; Kilpatrick v. Com., 3 Phila. (Pa.) 238; State v. Miller, 9 Houst (Del.) 564, 32 Atl. 137 ; Richardson v. State, 7 Tex. App. 493.

Defined under Homicide in Black's Law Dictionary.

Such as is committed intentionally, but without any evil design, and under such circumstances of necessity or duty ag render the act proper, and relieve the party from any shadow of blame; as where a sheriff lawfully executes a sentence of death upon a malefactor, or where the killing takes place in the endeavor to prevent the commission of a felony which could not be otherwise avoided,