State v. Reese

Citations

• 25 Del. 434
• 2 Boyce 434
• 79 A. 217
• 1911 Del. LEXIS 61

Syllabus

<p>1. Jury — Competency—Challenge for Cause — Grounds.</p> <p>That a juror was a member of the coroner’s jury, which had heard evidence and held accused for murder, was not a sufficient ground for challenge for cause.</p> <p>2. Homicide — Self-Defense—Evidence—Previous Quarrels, Threats and Assaults.</p> <p>In order to render admissible evidence as to previous quarrels, threats, and assaults, as between deceased and accused, where self-defense is relied on in a homicide case, it must appear that deceased indicated, by act or demonstration at the time of the killing, a real or apparent intention to kill or inflict great bodily harm upon accused, and thereby induced the latter to reasonably believe that it was necessary to kill to save himselfand hence, where accused had forgiven deceased, her husband, for all beatings he had inflicted on her prior to the night of the killing, and they had continued to live together as man and wife, evidence of the quarrels, threats, and assaults of deceased previous to the time when they separated on such night was inadmissible.</p> <p>3. Homicide — Self-Defense—Evidence—Previous Assaults — Threats.</p> <p>In a murder trial, testimony of accused that deceased, her husband, on leaving her some thirty minutes before the shooting, had a razor in his hand and threatened to kill her, was admissible in connection with testimony of accused that, when she met defendant, he threw his hand back and stepped toward her, and she feared he would cut her with the razor.</p> <p>4. Indictment and Information — Murder—Lower Degrees of Offense.</p> <p>Under the statute, one indicted for murder may be found guilty of either degree of murdei or of manslaughter.</p> <p>5. Homicide — Definition.</p> <p>“Homicide” is the killing of one human being by another.</p> <p>6. Homicide — “Felonious Homicide”.</p> <p>“Felonious homicide” is of three kinds: Murder of the first degree, murder of the second degree, and manslaughter.</p> <p>7. Homicide — Murder—Elements