SMITH v. UNITED STATES

No. 608.

161 U.S. 85 (1896)

SMITH v. UNITED STATES.

Supreme Court of United States.

Decided March 2, 1896.


Attorney(s) appearing for the Case

Mr. William M. Cravens for plaintiff in error. Mr. C.J. Frederick was on his brief.

Mr. Assistant Attorney General Whitney for defendant in error.


MR. JUSTICE GRAY, after stating the case, delivered the opinion of the court.

The main question in controversy at the trial was whether the killing of Welch by the defendant was in self-defence. Upon that question any evidence, which, according to the common experience of mankind, tended to show that the defendant had reasonable cause to apprehend great bodily harm from the conduct of the deceased towards him just before the killing, was admissible; and upon principle...

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