Melville Fuller

“ The question for the jury to determine from all the facts and circumstances adduced in evidence was the reasonableness of the belief, or fear, of the existence of such peril of death or great bodily harm as would excuse the killing. And it was for the jury to test the credibility of the defendant as a witness, giving his testimony such weight, under all the circumstances, as they thought it entitled to, as in the instance of other witnesses, uninfluenced by instructions which might operate to strip him of the competency accorded by the law. ”

“ If he prepares himself in the latter way, and he is on the lookout for the man he has thus prepared himself to kill, and he kills him upon sight, that is murder; and it would shock humanity, or even the most technical and hair-splitting court, to decide anything else. That can be nothing else but murder. If he is in the right,-if he is in the right at the time of the killing,-and simply prepared himself to defend his own life, that is preparation, not to take the life of another, but preparation to defend himself. ”

“ The 'state of case' put to the jury was whether William Allison was at the time doing something that would satisfy a reasonable man, situated as defendant was, that he was about to do what would destroy defendant's life, and which defendant could not prevent except by doing as he did; and the question as to the existence of that state of case was required by the instruction to be passed on by the jury on something more than defendant's declaration, which, it was stated, would certainly be made by any man created when confronted with a charge of murder. ”

“ He is related to the case more intimately than anybody else, and you are to apply the principle of the law that is laid down everywhere in all Civilized countries, commanding you to look at a man's statements in the light of the interest that he has in the case. There is no odor of sanctity thrown around the statements of the defendant as a witness, as is sometimes supposed, because he is charged with crime. ”

“ If defendant committed the homicide because of the threats, in the sense of acting upon emotions aroused by them, then some basis must be laid by the evidence other than the threats themselves before a particular emotion different from those they would ordinarily inspire under the circumstances could be imputed as a motive for the fatal shot.
What is or is not an overt demonstration or violence varies with the circumstances. Under some circumstances a slight movement may justify instant action because of reasonable apprehension of danger ”

“ It is claimed on behalf of defendant that the homicide was excusable, because committed in self-defense, in that, his life having been repeatedly threatened by deceased, when he saw him on this occasion moving his hand as if to take a pistol from his hip pocket, he believed, and as a prudent man might reasonably have believed, at that time, and under those circumstances, that he was in imminent and deadly peril, which could only be averted by the course he pursued ”

“ Where the charge of the trial judge takes the form of animated argument, the liability is great that the propositions of law may become interrupted by digression, and so intermingled with inferences springing from forensic ardor that the jury are left without proper instructions, their appropriate province of dealing with the facts invaded, and errors intervene which the pursuit of a different course would have avoided. ”

“ If he was hunting up his father for the purpose of getting an opportunity to slay him without just cause, and in the absence of legal provocation, he was not in the right, and the consequence would be that he would be deprived of the law of self-defense, as you will learn presently, when such a condition as that exists. ”

“ The wise and humane provision of the law is that 'the person charged shall at his own request, and not otherwise, be a competent witness.' The policy of this enactment should not be defeated by hostile intimations of the trial judge, whose duty it is to give reasonable effect and force to the law.' Similar views have been expressed in many cases in the state courts. ”

“ Ct. 73, where we remarked: '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. ”

“ If they are, they stand before you as strengthened as you may attach credit to the corroborating facts. In passing upon his evidence you are necessarily to consider his interest in the result of this trial, in the result of this case. ”

“ When so situated, 'is attacked by another under circumstances which denote an intention to take away his life, or to do him some enormous bodily harm, may lawfully kill the assailant, provided he uses all the means in his power, otherwise, to save his own life or to prevent the intended harm,-such as retreating as far as he can, or disabling his adversary without killing him, if it be in his power.' Now, that means, by its very language, that the party was in the right at the time. ”