 | Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 738 pages
...or excuses the act, and before resorting to such extremity, the party must employ all means within his power, consistent with his safety, to avoid the danger and avert such necessity. We would not, however, be understood as saying that he must have used all possible... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1893 - 776 pages
...protection can not be otherwise secured." (3.) "If the jury find from the evidence that Albert Perry used all the means in his power, consistent with his safety, to avoid the danger, before he fired at Lee Williams, and was not in fault in bringing on the difficulty, then they must... | |
 | Law - 1892 - 554 pages
...the benefits of the plea of self-defense against the charge of homicide, he must have employed all means in his power, consistent with his safety, to avoid the danger and avert the necessity of taking life; and he must have retreated, if retreat was practicable. Carter v. State, 82 Ala. 13. In... | |
 | Law reports, digests, etc - 1911 - 1164 pages
...harm before he can avail himself of such plea, and that the defendant must have used all reasonable means in his power consistent with his safety to avoid the danger which apparently threatened him. [Ed. Note. — For other cases, see Assault and Battery, Cent Dig.... | |
 | Law reports, digests, etc - 1910 - 1384 pages
...so endangered by such assault as to make It necessary to kill the assailant to save his own life, or prevent a great bodily Injury, and he employed all...safety, to avoid the danger and avert the necessity of the killing." Duncan v. State, 4» Ark. 543, 547, 6 SW 164, 106; Black v. State, 84 Ark. 121, 104 SW... | |
 | Law reports, digests, etc - 1905 - 1262 pages
...such assault as to make it necessary, to save his own life or to prevent a great bodily injury, and be employed all the means in his power, consistent with...avoid the danger and avert the necessity of killing. He cannot provoke an attack, bring on the combat, and then slay his assailant, and claim exemption... | |
 | Law reports, digests, etc - 1897 - 1202 pages
...follows: "Before a person is justified in killing another In self-defense, the slayer must use all means in his power, consistent with his safety, to avoid the danger, and avert the necessity for the killing; and until he has done that he is not justified in self-defense, and should be convicted... | |
 | Law reports, digests, etc - 1921 - 1206 pages
...kill another, even in his necessary self-defense, except as a last resort, and when he has done aU in his power consistent with his safety to avoid the danger and avert the necessity of the killing; so, in this case, if you find from the evidence and circumstances, beyond a reasonable... | |
 | Law reports, digests, etc - 1888 - 1006 pages
...is unnecessary to mention in this opinion. The evidence tended to prove that appellant did not use all the means in his power, consistent with his safety, to avoid the killing of Brooks. He was armed with a double-barreled shotgun; and his son, who, the evidence shows,... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1911 - 686 pages
...on a sudden quarrel, or from anger suddenly aroused at the time it is made, or in a mutual combat, is justified or excused in taking the life of the...avoid the danger and avert the necessity of killing. He can not provoke an attack, bring on the combat, and then slay his assailant, and claim exemption... | |
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... employed all the means in his power, consistent with his safety, to avoid the danger and avert the necessity of killing. 
