Kendall v. State

Citations

• 8 Tex. Ct. App. 569

Syllabus

<p>1. Homicide in Self-Defence ob Defence of Another. —In regulating the right to take life in the necessary defence of person or property, the Code of this State establishes an essential distinction, based upon the nature and severity of the unlawful attack, and discriminates it into two classes. The first class comprises all cases in which, from the acts of the assailant or his words coupled therewith, it is reasonably apparent that his purpose or intent is to murder, ravish, rob, maim, disfigure, or castrate the assaulted party; and in such a case the latter, or any other person in his or her behalf, may lawfully slay the aggressor while he is committing the offence, or when he has done some act evidently showing his intent to commit it.</p> <p>2. Same—Presumption of Law from Means used. — When the homicide was done to prevent murder, maiming, disfiguring, or castration, and the weapons or means used by the aggressor were calculated to effect his purpose, the Code makes it an absolute presumption of law that his design was to inflict the injury indicated. This legal presumption is imperative to juries as well as to courts, and, when applicable, must be given in charge to the jury.</p> <p>3. Same.—When a purpose or intent to murder, maim, or seriously injure is reasonably indicated by the attack, the law, in view of the exigency of the assaulted party, authorizes him, or any one who interposes in his behalf, to take the assailant’s life without first resorting to other means to avert the danger.</p> <p>4. Same—When Aggression is less serious. — Different principles obtain in the second class, to wit, when the purpose or intent reasonably indicated by the unlawful and violent attack is other than those heretofore mentioned. In such eases the Code requires that, before killing the aggressor, the injured party, or the person interfering for him, must resort to all other means of prevention, though not bound to retreat; and if the attack is on the property of another,