sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of those fears and not in a spirit of revenge.
Self-defence.Sect. 30. If a person kill another in self-defence, it must appear that the danger was so urgent and pressing, that, in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary; and it must appear also, that the person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given.
When public officer may kill and be justified.Sect. 31. If an officer in the execution of his office in criminal case, having legal process, be resisted and assaulted, he shall be justified if he kill the assailant. If an officer attempts to take a person charged with treason, murder, rape, burglary, robbery, arson, perjury, forgery, counterfeiting, or other crime, denominated felony by this code, and he be resisted in the endeavor to take the person accused, and to prevent the escape of the accused by reason of such resistance, he kill the person accused, the officer so killing shall be justified: Proviso.Provided, That such officer, previous to such killing, shall have used all reasonable efforts to take the accused without success, and that, from all probability, there was no prospect of being able to prevent injury from such resistance, and the consequent escape of such accused person.
Same.Sect. 32. Justifiable homicide may also consist in unavoidable necessity, without any will or desire, and without any inadvertence or negligence in the party killing. An officer who, in the execution of public justice, puts a person to death in virtue of a judgment of a competent court of justice, shall be justified. The officer must, however, in the performance of his duty, proceed according to the sentence and the law of the land.
Excusable homicideSect. 33. Excusable homicide, by misadventure, is when a person is doing a lawful act, without any intention of killing, yet unfortunately kills another.
Other instances of homicide.Sect. 34. All other instances which stand upon the same footing of reason and justice as those enumerated, shall be considered justifiable or excusable homicide.
Sect. 35. The homicide appearing to be justifiable or ex-
