People v. Simons

Sharpstein, J.:

Among the instructions given by the Court to the jury were the following: “To justify a person in killing another in self-defense, it must appear that the danger was so urgent and pressing, that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary. And it must appear also that the person killed was the assailant, or that the slayer had really and in good faith endeavored to decline any further struggle before the mortal blow was given.”

“ To justify the defendant in killing the deceased it is not…