George Shiras, Jr.

“ But if there is an absence in the case of that which indicates a deadly design, a design to do great bodily harm, really or apparently, threats cannot be considered in connection with the asserted right of a defendant that he can avail himself of the right of self-defense. ”

“ The court, in effect, said, or the jury may not unreasonably have understood the judge as declaring, that preparation by arming, although for self-defense only, could not be followed, in any case, by manslaughter, if the killing, after such arming, was not in fact in necessary self-defense. Such we understand to be the meaning of the charge. ”

“ While it is no doubt true that previous threats will not, in all circumstances, justify, or perhaps even extenuate, the act of the party threatened in killing the person who uttered the threats, yet it by no means follows that such threats, signifying ill will and hostility on the part of the deceased, can be used by the jury as indicating a similar state of feeling on the part of the defendant. ”

“ That was a case where the deceased had previously uttered threats against the defendant, and there had been a recent rencontre at the post office. The parties then separated, and the defendant armed himself, and subsequently, when the parties again encountered each other, the defendant shot and killed the deceased. The court instructed the jury that in those circumstances there was no right of self-defense, and that there was nothing to reduce the offense from that of murder to manslaughter. ”

“ Thompson says that he remembered the threats against him they had made to Haynes and Checotale, and thought they were going to hurt him. He further states that he rode on to Checotale's, where he left the bundle; that he got to thinking about what Sam Haynes had told him as to the threats that Hermes had made, and as there was no other road for him to return home by except the one alongside of the field, he thought it was best for him to arm himself, so that he could make a defense in case he was attacked ”

“ Certainly the mere fact that the accused used the same road in returning that he had used in going from home would not warrant the inference that his return was with the purpose of provoking an affray, particularly as there was evidence that this road was the proper and convenient one. ”