Legal Opinion

State v. Stevenson

Delaware Court of Oyer and Terminer

Decided November 24, 1936No. 67PublishedCited by 12 opinions

1Opinion of the Court

Layton, C. J.,

in charging the jury, among other things, said:

The defense offered is self-defense, and some general observations concerning that defense are necessary: First, the burden of establishing self-defense to the satisfaction of the jury rests upon the prisoner; second, the general rule is that one who kills another, to be justified or excused on the ground of self-defense, must have been without fault in provoking the difficulty and must not have been the aggressor and must not have provoked, brought on, or encouraged the difficulty or produced the occasion which made it necessary…

2Cases cited2 opinions

  1. Pinder v. StateSupreme Court of Florida · 1891
  2. State v. BenhamSupreme Court of Iowa · 1867

3Cited by12 opinions

  1. Smith v. StateSupreme Court of Delaware · 2006
  2. Quillen v. StateSupreme Court of Delaware · 1955
  3. State v. BristolWyoming Supreme Court · 1938
  4. Ruffin v. StateSupreme Court of Delaware · 1956
  5. Commonwealth v. PinaMassachusetts Supreme Judicial Court · 2019

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