State v. Phillips

Layton, C. J.,

charged the jury, in part, as follows: The duty to retreat when one is attacked is, generally speaking, the law, and is applicable to most cases in which the right of self-defense is invoked as a defense; but in the case before you there is no denial of the fact that the accused was a lawful occupant of the house in which the fatal blow *25was struck. It is in evidence that the accused had for some time made his home in the same house with the deceased and their respective parents, and while it appears that the deceased paid the rent, yet there is nothing to suggest in the evidence…