Thursday, January 17, 2008

Well, well, would you take a look at THIS,(and RIGHT IN THE MIDDLE OF THE CIVIL WAR TOO):

...The right to take life in the defense of property, as well as of person and habitation, is a natural right, but the law limits its exercise to the prevention of forcible and atrocious crimes, of which burglary is one....

...Those rules recognize a right in every man to defend his property, as well as person and habitation, by taking the life of the aggressor, as a natural right; but they also limit and restrain the exercise of that right to the prevention of a certain class of forcible and atrocious crimes, of which breaking a shop in the night season is not one at common law....

...The class of crimes in prevention of which a man may, if necessary, exercise his natural right to repel force by force to the taking of the life of the aggressor, are felonies which are committed by violence and surprise; such as murder, robbery, burglary, arson, breaking a house in the day time with intent to rob, sodomy and rape. Blackstone says: "Such homicide as is committed for the prevention of any forcible and atrocious crime is justifiable by the law of nature; and also by the law of England, as it stood as early as the time of Bracton;" and he specifies, as of that character, those which we have enumerated. No others were specified by Hale or Hawkins, who wrote before him on the Pleas of the Crown, or have been specified by any writer since. Mr. East, in his Pleas of the Crown, and Mr. Foster, from whom Judge Swift quotes the law on this subject in his Digest, (vol. 2, page 283,) state the rule thus: "A man may repel force by force in defense of his person, habitation or property against one who manifestly intends or endeavors by violence and surprise to commit a known felony, such as murder, rape, robbery, arson, burglary and the like, upon either. In these cases he is not obliged to retreat, but may pursue his adversary until he has secured himself from all danger, and if he kill him in so doing it will be justifiable self defense." 1 East P. C., 271; Foster C. L., 259....

- State v. Moore, 31 Conn. 479 (1863).

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