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1826. May June 6. +
Penal Code
Ch. 1. Offences affecting person.
§. 1. Corporeal Vexation
simple
Justification — Self-preservation
1
Justification 3. Self-preservation
This justification requires considerable explanation. The
evil, the contemplation of which is admitted to have this
effect, must not as is evident, by any evil whatsoever
Equivocal
2
Not applicable to self-preservation
from any
evil whatsoever
1 not from evil lawfully
inflicted
1. It must not be any evil to which in the case in
question the party is intended to be subjected by lawful
power of any description and extent, publick or domestick private.
Particularly it must not be any evil, which the party has
it at his option to escape from and exclude at the expense
of a lesser evil than the one produced by it him.
2 not from distant
evil less expensively
avoidable
(?) 3 It must not, in consequence be an evil the
happening of which is at such a distance as would admit
of his excluding it at a less expense than that
of the evil in question, to the corporeal vexation inflicted
by him.
3
Self preserving act
must in general have
been at the time of
the evil repelled or
endeavoured to be
repelled
4. In general the will be In general to operate
as a justification, the evil inflicted should be inflicted at
the very time in which the evil repelled or endeavoured
to be repelled by it, has actually been in part sustained,
or is immediately impending, as where the wrongor
having given to the wrongee one blow is about to repeat
it, when the wrongee prevents or endeavours to prevent
a repetition of it by a counterblow
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