Greschia v. People

Citations

• 53 Ill. 295

Syllabus

<p>1. Cmminal law—defense of habitation—degree of force aUowaMe. Upon the trial of a party on the charge of murder, it appeared the deceased went to the room of the prisoner for a lawful purpose, and while there demeaned himself properly, though some altercation occurred between them, and hard words exchanged. The deceased, however,- left the room, and proceeded down a stairway, remarking as he went, to the prisoner, “go, with all the money you have got—hasn’t your wife to beg every day?” to which the prisoner replied, “ you go, you rascal, go.” At this, the deceased turned to go up the stairs again, in an angry mood, when the prisoner said, “ come back, I will fix you.” As the deceased advanced to the door of the prisoner’s room, unarmed, in the act of entering it, it being open, the prisoner seized a rolling-pin, and wielding it with both hands, struck deceased three or four blows, fracturing his skull so seriously that he died therefrom the following day. The homicide was regarded entirely inexcusable, under the circumstances. The prisoner did not seek to avoid a collision, but invited it, and a term of one year in the penitentiary was a very much lighter punishment than the jury would have been justified in inflicting upon him.</p> <p>2. It was not erroneous, in such case, for the court to instruct the jury that, in considering whether the killing was in defense of habitation, they should consider the attending circumstances, the conduct of the parties at the time and immediately previous to the killing, and the means and force used, as bearing upon that question.</p> <p>3. And the jury might properly further consider, in determining whether the killing was in self-defense, whether the force used in repelling the deceased, in its amount, and character, was not such as a reasonable mind would regard as unreasonable, under the circumstances.</p> <p>4. If the use of a deadly weapon was not necessary, or apparently necessary, in order to prevent the deceased enterin