Munden v. State

This was an indictment for an assault with, intent to murder.

It is very true, that a reasonable apprehension or belief that the defendant was about to receive some serious bodily injury, or that his life was then and there in danger, would excuse the party for using all necessary force to protect his life or his person. The court may not have stated the law with clearness, and in fact did not. It is not necessary that there should actually be danger, and that the jury should find that, as a substantive fact, there was danger to the life or person of the defendant. It is sufficient that a…