State v. Terrell
Utah Supreme Court
Appeal from District Court of Sait Lake County, Third District; John F. Tobin, Judge. Dennis F. Terrell was convicted of an assault with a deadly weapon with intent to do bodily harm, and he appeals.
1Concurrence
FRICK, J. I
concur with the Chief Justice in the' view that the instructions of the district court are incomplete and were thus calculated to mislead the jury to the prejudice of the defendant. I am, however, not prepared to concede that under defendant’s own version of the shooting of the little boy he, as a matter of law, was justified. Our statute (Comp. Laws Utah 1917, section 8032, subd. 2) only justifies the taking of human life when done “in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony,” etc.…
2Cases cited4 opinions
- Pond v. PeopleMichigan Supreme Court · 1860
- People v. GloverCalifornia Supreme Court · 1903
- People v. WalshCalifornia Supreme Court · 1872
- Driggers v. United StatesCourt Of Appeals Of Indian Territory · 1907