Retreat

In the law of homicide, before a person who is assaulted may kill liis assailant, he must flee as far as he reasonably can, either by reason of some wall, ditch, or other impediment, or as far as the fierceness of the assault will permit.* "Retreating to the wall" means that the party assaulted must avail himself of any apparent and reasonable avenue of escape, by which the danger might be averted, and the necessity of slaying his*assailant avoided.' But if the attack is of such a nature, or the weapon of such a character, that to attempt to retreat might increase the danger, the party need not retreat.' If retreat does not apparently place the assailed in greater peril he must resort to it.^ ' [Byles, Bills, 226. ' [3 Bl. Com. 150, 413. * L. retorquere, to twist back, retort. * Woolsey, Int. Law, § 118. » [3 Bl. Com. 296; 1 Ala. 47; 31 id. 113; 17 Ga. 251; 68 Ind. 310; 8 Pa. 163; 79 Va. 338. •4B1. Com. 185. ' People V. lams, 57 Cal. 120 (1880), Morrison, C. J. Where the master of a vessel assaults a seaman, who futilely endeavors to escape, the latter may protect himself from iniurj; if the assault is made with a deadly weapon or otherwise dangerously, he may use equivalent force. ^ RETROSPECTIVE; RETROACT-