Steinmeyer v. People

Citations

• 95 Ill. 383
• 1880 Ill. LEXIS 189

Syllabus

<p>1. Self-defence—as to whether the danger is real or only apparent. Where a person is assaulted in such a way as to induce in him a well grounded and reasonable belief that he is in actual danger of losing his life or suffering great bodily harm, he will be justified in defending himself, although the danger be not real but only apparent. He will not be held responsible criminally, if he acts in self-defence from real and honest convictions as to the character of the danger, induced by reasonable evidence, although he may be mistaken as to the extent of the actual danger, when other reasonable and judicious men would have been alike mistaken.</p> <p>2. So, upon the trial of a person on a charge of manslaughter, the theory of the defence being that the party accused acted in self-defence against an attack made upon him, the court instructed the jury that if they believed from the evidence that the defendant killed the deceased, as charged in the indictment, in order to find the defendant not guilty they must believe from the evidence either that the killing was done in necessary self-defence, or in the defence of habitation or property. The instruction was held to be erroneous, as ignoring the doctrine of justification even in the absence of actual danger, if the other elements mentioned existed.</p> <p>3. Instruction—when erroneous, whether cured by others which are correct. Upon the trial of a party, under an indictment for manslaughter, the court erroneously instructed the jury substantially that the act of killing could not be justified except the defendant acted in his necessary self-defence, ignoring the rule that under proper circumstances a person who is assaulted may act in self-defence, although the danger be not real but only apparent. Some of the instructions given for the defendant laid down the correct rule. Upon a vital question in the case — as to which party made the attack — the evidence was conflicting. It was held not enough that some of the ins