State v. Roe

Citations

• 30 Del. 95
• 7 Boyce 95
• 103 A. 16
• 1918 Del. LEXIS 19

Syllabus

<p>1. Assault and Battery—Self-Defense.</p> <p>Although R. struck defendant first, defendant would be guilty, unless he struck R. in self-defense.</p> <p>2. Assault and Battery—Justification.</p> <p>No one has the right to assault another, unless he is at the time in danger of suffering bodily harm at the hands of the other.</p> <p>3. Assault and Battery—Justification.</p> <p>Mere words or threats, however offensive, will not justify an assault.</p> <p>4. Assault and Battery—Justification.</p> <p>A slight assault will not justify the use of more force or violence by the person assaulted than is necessary to protect him from bodily harm.</p> <p>5. Assault and Battery—Duty to Withdraw.</p> <p>If one is assaulted, and can safely withdraw and thereby avoid danger, it is his duty to do so.</p>