State v. Agnesi
Supreme Court of New Jersey
On error to Passaic Oyer and Terminer. The prisoner was living in a state of separation from his wife under articles which provided that he would not sue. molest, disturb or trouble any other person whomsoever for receiving, entertaining or harboring her; that he would not without her consent, visit her or knowingly enter any house or place where she should dwell, reside or be, or send or cause to be sent any letter or message to her.
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On error to Passaic Oyer and Terminer. The prisoner was living in a state of separation from his wife under articles which provided that he would not sue. molest, disturb or trouble any other person whomsoever for receiving, entertaining or harboring her; that he would not without her consent, visit her or knowingly enter any house or place where she should dwell, reside or be, or send or cause to be sent any letter or message to her. The wife and the decedent, as the prisoner knew, were occupying the same apartments which had been rented by'the wife. The prisoner says he was afraid of the…
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
The principle on which the right of self-defence rests and the limitations of that right have been settled by the decision of the Court of Errors and Appeals in Brown v. State, 62 N. J. L. 666, 702. The court there said: “The foundation of the right to take life by the way of self-defence is necessity. There must exist a necessity for resorting to violence for self-protection and necessity for using the means that were used to secure the defence of the person.. An accused is justified in rising force to defend his person only when force is…
2Cited by10 opinions
- State v. RiversNew Jersey Superior Court Appellate Division · 1991
- Marshall v. StateSupreme Court of Alabama · 1929
- State v. MooreSupreme Court of New Jersey · 1999
- Toler v. StateTennessee Supreme Court · 1923
- State v. GadsdenSupreme Court of South Carolina · 1994
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