State v. Singleton

Citations

• 67 Kan. 803
• 74 P. 243
• 1903 Kan. LEXIS 335

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Homicide — Self-defense—Improper Instruction. In a prosecution for homicide, where the defendant relies upon a claim of self-defense, and testifies that he shot the deceased because he believed'himself in danger of receiving great bodily harm, it is error to charge that to sustain this plea the accused must have believed that he was in danger of his life, although in another paragraph of the same instruction it is said that, “if one is pursued or assaulted in such a way as to induce in him a reasonable and well-grounded belief that he is in actual danger of losing his life, or receiving great bodily harm, under the influence of such apprehension he will be justified in defending himself, whether the danger be real or only apparent.”</p>