...the time of the killing that, in order to aave his own life, the killing of the other was absolutely necessary; and it must appear .also that the person killed was the assailant, and or that the slayer had really in good faith endeavored to decline any further struggle before the...

...was absolutely necessary, and person killed must be shown to be assailant, or It must be shown that slayer had really and in good faith endeavored to decline any further struggle before mortal blow was given. — People v. Nichol, 34 Cal. 211, 215. :'•<"•. Same —...

...his own life, or prevent his receiving great bodily harm or injury, the killing was necessary; arid it must appear, also, that the person killed was the...before the mortal blow or injury was given. ''The law of self-defense does not imply the right of attack. If you believe from the evidence in this case...

...receiving great bodily harm, the killing of the other was absolutely necessary, and it must appear that the person killed was the assailant, or that...had really and in good faith endeavored to decline further struggle before the fatal shooting," was approved in People v. Bruggy, 93 Cal. 476, 29 Pae....

...save his own life, or to prevent great bodily harm, the killing was absolutely necessary, and tbat the person killed was the assailant, or that the slayer...and in good faith endeavored to decline any further struggle before the mortal blow was given, is not erroneous, where the jury are also instructed tbat,...

...self-defense. It la error after instructing the Jury that In order to prove self-defense "It must appear that the person killed was the assailant, or that the slayer had endeavored to decline any further struggle before the mortal blow was given," to add that "It must...

...the killing of the other was under the circumstances, and according to normal reasoning, apparently necessary; and it must appear also that the person...was the assailant, or that the slayer had really, end in good faith, endeavored to decline any further struggle before tbe mortal blow was given." The...

...the other was apparently absolutely necessary ; and it must appear, also, that the person killed wns the assailant, or that the slayer had really and in good faith endeavored to decline any further struggle before the mortal blow was given." The instruction did not apply to Anna Forte, who was in...

...the killing that, in order to save hjs own life, the killing of the other was absolutely necessary. It must appear also that the person killed was the...and in good faith endeavored to decline any further struggle before the mortal blow was given." This charge was excepted to on the ground that It was not...

...receiving great bodily harm, the killing of the other was absolutely necessary, and it must appear that the person killed was the assailant, or that...had really and in good faith endeavored to decline further struggle before the mortal wound was given." The giving of an instruction identical with the...