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You with a stick at a time that a stout stick and an iron | You with a stick at a time that a stout stick and an iron | ||
<lb/> | <lb/> | ||
bar of the same size were both lying within your reach : | bar of the same size were both lying within your reach: | ||
<lb/> | <lb/> | ||
where upon snatching up the iron bar you strike him in | where upon snatching up the iron bar you strike him in | ||
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such a manner as to give him dangerous bruise or kill | such a manner as to give him dangerous bruise or kill | ||
<lb/> | <lb/> | ||
him . In such case unless it | him. In such case unless it appears that you deliberately took | ||
<lb/> | <lb/> | ||
up the iron bar in preference to the stick intending therewith | up the iron bar in preference to the stick intending therewith | ||
<lb/> | <lb/> | ||
to kill him or hurt him more than was necessary , it | to kill him or hurt him more than was necessary, it | ||
<lb/> | <lb/> | ||
shall still be accounted justifiable self-defence | shall still be accounted justifiable self-defence | ||
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<p>[(B)<!-- (B) in pencil --> Uncertain efficacy] As if in the case just mentioned it happened | <p>[(B)<!-- (B) in pencil --> Uncertain efficacy] As if in the case just mentioned it happened | ||
<lb/> | <lb/> | ||
that you were much weaker than the assailant ; insomuch | that you were much weaker than the assailant; insomuch | ||
<lb/> | <lb/> | ||
that it would have been doubtful whether with the less | that it would have been doubtful whether with the less | ||
23.
C
Simple Corporal Injuries Of Extenuations.
employed; nor shall it be considered whether a person revolving
the circumstances at his leisure could or could not have
thought of a cheaper means of repelling the attack but whether
any such cheaper means did actually occur to the party at
the itme.
Exposition.
[(A) Les mischief] As if a man were suddenly to assault
You with a stick at a time that a stout stick and an iron
bar of the same size were both lying within your reach:
where upon snatching up the iron bar you strike him in
such a manner as to give him dangerous bruise or kill
him. In such case unless it appears that you deliberately took
up the iron bar in preference to the stick intending therewith
to kill him or hurt him more than was necessary, it
shall still be accounted justifiable self-defence
[(B) Uncertain efficacy] As if in the case just mentioned it happened
that you were much weaker than the assailant; insomuch
that it would have been doubtful whether with the less
powerful weapon of the two, you could have effectually defended
Yourself.
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Identifier: | JB/071/022/003"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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022 |
simple corporal injuries |
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003 |
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copy/fair copy sheet |
4 |
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recto |
f21 / f22 / f23 / f24 |
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[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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23425 |
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