State v. Bowinkelman

Citations

• 66 Wash. 396
• 119 P. 824
• 1911 Wash. LEXIS 1083

Syllabus

<p>Homicide — Seie-Defense— Instructions. Under Rem. & Bal. Code, § 2406, defining justifiable homicide in self-defense where there is reasonable ground to apprehend great personal injury etc., it is not error against the defendant to instruct as to the right of self-defense “if the defendant believes and has reasonable ground to believe” that the killing was necessary to protect himself from great personal danger; as the instruction is more liberal to the defendant than the law, and the “reasonable ground to apprehend” must be such as to produce an honest belief of the existence of danger.</p> <p>Criminal Law — Appeal—Review—Instructions—Requests. Error in failing to give instructions as to the right of self-defense cannot be urged in the absence of any request therefor.</p>