Duncan v. State
Supreme Court of Arkansas
APPEAL from Little River Circuit Court. R. D. Hearn, Judge. In all felonious, violent, fierce or murderous attacks, the defendant may stand his ground and take the life of his assailant if necessary "to prevent the commission of the felony, or protect his own person from great bodily injury, etc., and he need not retreat.
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APPEAL from Little River Circuit Court. R. D. Hearn, Judge. In all felonious, violent, fierce or murderous attacks, the defendant may stand his ground and take the life of his assailant if necessary "to prevent the commission of the felony, or protect his own person from great bodily injury, etc., and he need not retreat. But in ordinary cases of simple assault, mutual quarrels or combat, and where the defendant has brought about the conflict, he must in good faith retreat and decline the conflict, and do all things in his power consistent with his safety to avert the necessity of-taking…
1Opinion of the CourtBattle, J.
The appellant was indicted in the Little River Circuit Court for murdering one N. B. Brooks. The jury found him guilty of murder in the second degree and fixed the term of his imprisonment in the penitentiary at five years. He moved for a new trial, which was denied, and the court pronounced judgment against him according to the verdict, and he appealed.
On the trial the defendant asked the court to give the fol-, lowing, among other instructions, to the jury :
“I. The defendant asks the court to instruct'the jury, that justifiable homicide is the killing of a human being in necessary…
2Cited by8 opinions
- Carpenter v. StateSupreme Court of Arkansas · 1896
- Perry v. StateSupreme Court of Arkansas · 1973
- State v. GardnerSupreme Court of Minnesota · 1905
- Bishop v. StateSupreme Court of Arkansas · 1905
- Wheatley v. StateSupreme Court of Arkansas · 1910
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