Forbes v. Snyder

Citations

• 94 Ill. 374

Syllabus

<p>1. Threats—whether admissible in evidence—in civil and criminal cases. In. an action under the statute to recover compensation for the wrongful killing of another by attacking and shooting him, the defendants are not entitled to prove threats of violence by the deceased which had been communicated to them before the meeting which resulted in the killing, unless it is further shown that the deceased made some hostile demonstration before the attack, indicating present danger to the defendant.</p> <p>2. Previous threats are competent only to give character or coloring to some act of the party having made the threats. The mere fact of threats to take the life of a defendant does not justify him in seeking the person making the threats and killing him on sight. This is not necessary self-defence.</p> <p>3. But if A should threaten to kill B on sight, and B has knowledge of the threat, and upon meeting, A, without fault on B’s part, should make a demonstration apparently hostile and B should kill him, he would have the right on the trial to prove his knowledge of the previous threats, that the jury might determine whether he really acted upon a reasonable apprehension of danger to his life or great bodily harm.</p> <p>i. When life or liberty is at stake, as in criminal proceedings, courts will permit threats to be proven upon very slight proof of a foundation for such evidence, and this in favor of life and liberty; but in a mere matter of dollars and cents, involving no vindictive damages, and seeking merely compensation civilly for the wrong, no such leaning of the 'courts should be countenanced.</p> <p>5. Witness—competency of party to suit. In an action by the personal representative of a deceased person to recover compensation for the wrongful killing of the intestate by attacking and shooting him, the defendants are not competent witnesses to prove matters which occurred between them and the deceased anterior to the killing.</p> <p>6. Deposition—right of opposit