State v. Mounkes

Citations

• 88 Kan. 193
• 127 P. 637
• 1912 Kan. LEXIS 35

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law—Homicide in Defense of Third Party. Whether one may defend another from death or great bodily harm does not depend upon the reality or imminence of the danger nor upon the belief, as to these facts, of the one supposed to be in peril, but depends upon the facts as they reasonably and actually appear to the defender.</p> <p>2. Justifiable Homicide — Common-law Rule. By the provisions of section 11 of the crimes act (Gen. Stat. 1909, § 2499) the common-law rule is ingrafted into the statute; and upon a charge of murder or manslaughter the accused must, on trial, be acquitted if the alleged homicide was committed under circumstances or in a case where, by the common law, such homicide was justifiable or excusable.</p> <p>3. - Same. Under the common law one may, without incurring criminal liability, take life if necessary to prevent the murder of, or other atrocious felony against, his brother. Justification for an assault with intent to kill can not require more than when death results.</p>