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Annotated Code of Criminal Procedure and Penal Code of the State of New York, as Amended, 1882-6
Annotated Code of Criminal Procedure and Penal Code of the State of New York as Amended 18826 Author:New York Subtitle: Revised, Rearranged and Enlarged, With Copious Forms and Notes of Judicial Decisions on Pleading, Practice and Evidence, Together With an Exhaustive Index and a Supplement of Notes and Decisions Down to June 1, 1886 General Books publication date: 2009 Original publication date: 1886 Original Publisher: J.D. Parsons Notes: This is ... more »a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: PART II. OF THE PBEVENTION OF CUT ME. Title I. Of Lawful Resistance. IL Of THE INTERVENTION OF THE OFFIOEE8 OF JUSTIOJfc TITLE I. OF LAWFUL RESISTANCE. Chapter L General provisions respecting lawful resistance. IL Resistance by the party about to be injured. III. Resistance by other parties. CHAPTER I. GKXKHAT, PROVISIONS RESPECTING LAWFUL BE8ISTANOE. Section 79. Lawful resistance; by whom made. § 79. Lawful resistance; by whom made. -- Lawful resist ance to the commission of a crime may be made : 1. By the party about to be injured ; 2. By other parties. New CHAPTER II. EESI8TANCB BY THE PARTY ABOUT TO BE INJURED. Section 80. In what cases; to what extent. §80. In what cases; to what extent. -- Resistance sufficient to prevent the crime may be made by the party about to be injured: 1. To prevent a crime against his person; 2. To prevent an illegal attempt by force to take or injure property in his lawful possession. New. See, also, Penal Code, § 228, and cases there cited, (a) May kill an assailant in self-defense. -- One without fault, if attacked by another, may kill his assailant if the circumstances be such asto-furnish reasonable ground for apprehending a design to take his life or do him great bodily harm, though in point of fact there was no such design. (Sfutrter v. People, 2 N. Y., 198; 4 Barb., 460; Palttrion v. ...« less