Territory v. Evans
Idaho Supreme Court
APPEAL from District Court, Lemhi County. When a known felony is attempted upon the person, be it to rob or kill, the party assaulted may repel force by force, and any person present may interpose to prevent mischief, and if death ensues, the party so interfering will be justified.
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APPEAL from District Court, Lemhi County. When a known felony is attempted upon the person, be it to rob or kill, the party assaulted may repel force by force, and any person present may interpose to prevent mischief, and if death ensues, the party so interfering will be justified. In such eases nature and social duty co-operate. {Commonwealth v. Self ridge, Horr. & Thomp. 30; 1 Bishop’s Criminal Law, sec. 851; Pond v. People, Horr. & Thomp. sec. 814; Dill v. State, Horr. & Thomp. sec. 73S; Crimes and Punishment Act, secs. 25, 30.) It is not necessary that the danger should be actual; simply…
1Opinion of the CourtBuck, J.
The defendant was indicted, tried and convicted of murder in the second degree, at the April term, 1888, of the district court, third judicial district, in the county of.Lemhi, and comes into this court on an appeal from the judgment.
The first point made by appellant in his brief is that the indictment does not allege the crime of murder. The charging part of the indictment is as follows: “That the said Charles Evans, on the eleventh day of November, A. D. 1886, did unlawfully, willfully, deliberately, premeditatedly, feloniously, and of his malice aforethought, in and upon one James McKee,…
2Cases cited13 opinions
- People v. CochranCalifornia Supreme Court · 1882
- People v. NicholCalifornia Supreme Court · 1867
- People v. SalorseCalifornia Supreme Court · 1882
- People v. O'CallaghanIdaho Supreme Court · 1886
- People v. MessersmithCalifornia Supreme Court · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. McClurgIdaho Supreme Court · 1931
- Clark v. AllowayIdaho Supreme Court · 1946
- State v. SlyIdaho Supreme Court · 1905
- State v. PerryIdaho Supreme Court · 1894
- State v. HallIdaho Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.