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Delaware Court of Oyer and Terminer· 1/12/1915

State v. Harmon

Citations

  • 28 Del. 296
  • 5 Boyce 296
  • 92 A. 853
  • 1915 Del. LEXIS 6

Syllabus

<p>1. Homicide—Cause of Death.</p> <p>Where lockjaw, directly causing decedent’s death, resulted from knife wounds inflicted by accused, death was caused by the wounds.</p> <p>2. Homicide—Self-Defense—Threats by Decedent.</p> <p>The jury, in determining whether accused acted in self-defense, may consider prior threats by decedent against accused, and known to him before the fatal difficulty, but may not consider any threats not. communicated to accused before that time.</p> <p>3. Homicide—Self-Defense—Threats by Decedent.</p> <p>Previous threats by decedent against accused will not justify an assault by the latter, unless the jury finds that he had reasonable cause to believe, and did believe, at the time, that he was in imminent danger of death or great bodily harm, and there was no reasonable means of avoiding the danger by escape or retreat.</p>

Judges: Pennewill

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