Huff v. State

Eberharbt, Judge.

It is contended that the court erred in failing to charge on the defendant’s right of defense of her habitation, in the language of Code § 26-1013: “If, after persuasion, remonstrance or other gentle measures used, a forcible attack and invasion on the property or habitation of another cannot be prevented, it shall be justifiable homicide to kill the person so forcibly attacking and invading the property or habitation of another; but it must appear that such killing was absolutely necessary to prevent such attack and invasion, and that a serious injury was intended, or might…