Marker v. Hanratty

Citations

• 29 Del. 217
• 6 Boyce 217
• 97 A. 904
• 1916 Del. LEXIS 27

Syllabus

<p>1. Assault and Battery—Civil Liability—In General.</p> <p>An “assault” is an unlawful attempt to do violence to the person of another, with the means at hand of carrying the attempt into execution; and a “battery” is the unlawful commission or execution of such violence.</p> <p>2. Assault and Battery—Civil Liability—Self-Defense.</p> <p>A person may defend himself from assault by sufficient force to protect himself from bodily harm, using such force, if necessary, even before his assailant actually commits a battery upon him.</p> <p>3. Assault and Battery—Civil Liability—Self-Defense.</p> <p>If one assaulted uses more force than is necessary to protect himself, or follows up his assailant and attacks him when retreating, he is not justified by the right of self-defense, but is a wrongdoer.</p>