White v. State, No. 22,183.

Docket NºNo. 22,183.
Citation178 Ind. 317, 99 N.E. 417
Case DateOctober 10, 1912
CourtSupreme Court of Indiana

178 Ind. 317
99 N.E. 417

WHITE
v.
STATE.

No. 22,183.

Supreme Court of Indiana.

Oct. 10, 1912.


Appeal from Circuit Court, Gibson County; Herdis F. Clements, Judge.

Arthur White was convicted of battery with intent to commit manslaughter, and he appeals. Affirmed.


Thomas Duncan, of Princeton, for appellant. Thomas M. Honan, Thomas H. Branaman, Edwin Corr, and Jas. E. McCullough, all of Indianapolis, for the State.

COX, C. J.

The appellant was convicted by a jury in the lower court of the crime of assault and battery upon the person of one Davis, with intent to commit manslaughter. He seeks a reversal of the judgment of the trial court, and relies upon alleged error in overruling his motion for a new trial to secure it.

The only claims of error pressed upon us by appellant are involved in the refusal of the trial court to give instruction 5, which appellant tendered and requested the court to give to the jury, and the giving of instructions 8 and 10, which the court gave to the jury of its own motion.

[1] Instruction 5, in part, involved the law of self-defense, and by its terms appellant sought to have the jury instructed that appellant, if first assailed, “had the right then and there to resist such assault with force, and he had the right to use as much force in overcoming and disarming his adversary as he, the defendant, viewed from his standpoint at that time, did reasonably believe was necessary to prevent loss of life or great bodily harm at the hands of said Davis.” And it is contended by appellant's counsel that error was committed in refusing to give this instruction, for the reason that, as claimed by counsel, in none of those given was the jury charged that whether appellant had reasonable cause to believe that he was in danger must be judged from his standpoint. Counsel is in error in the contention that appellant's right of self-defense in this respect was not covered by the instructions given by the court. While the identical words and the same arrangement of them did not appear in instructions given, yet in instruction 8, given by the court of its own motion, and in instructions 2 and 9, given at the request of appellant, the jury was told in plain and unequivocal words that appellant had the right to act upon the appearances; and if from these he honestly and reasonably believed that he was in danger of suffering great bodily harm or losing his life by an assault upon him by Davis he had the right to repel such assault by all the force...

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6 practice notes
  • Sanders v. State, No. 1080S385
    • United States
    • Indiana Supreme Court of Indiana
    • 25 Noviembre 1981
    ...may be used only in the belief that such degree of force is necessary to defend oneself. Id., 398 N.E.2d at 1265; White v. State, (1912) 178 Ind. 317, 99 N.E. Defendant claims that he feared for his life since Spagoletti outweighed him, was taller, and had a reputation for fighting. There w......
  • Smith v. State, No. 22895.
    • United States
    • Indiana Supreme Court of Indiana
    • 25 Abril 1917
    ...court will not be set aside. Section 2221, Burns 1914; Hay v. State, 178 Ind. 478, 484, 98 N. E. 712, Ann. Cas. 1915C, 135;White v. State, 178 Ind. 317, 319, 99 N. E. 417;Mason v. State, 170 Ind. 195, 203, 83 N. E. 613. Judgment affirmed.LAIRY, C. J.,...
  • Loyd v. State
    • United States
    • Indiana Supreme Court of Indiana
    • 11 Enero 1980
    ...must be reasonable and may be used only in the belief that such degree of force is necessary to defend oneself, White v. State, (1912) 178 Ind. 317, 99 N.E. Even assuming that Defendant had been assaulted and had a right to defend himself, the circumstances disclosed by the evidence in this......
  • Trisler v. State, No. 29154
    • United States
    • Indiana Supreme Court of Indiana
    • 17 Junio 1954
    ...217. Plummer v. State, 1893, 135 Ind. 308, 313, 34 N.E. 968; Clark v. State, 1902, 159 Ind. 60, 65, 64 N.E. 589; White v. State, 1912, 178 Ind. 317, 318, 99 N.E. 417; Moore v. State, 1948, 226 Ind. 428, 430, 81 N.E.2d Appellant's motion to modify the judgment to agree with that part of the ......
  • Request a trial to view additional results
6 cases
  • Sanders v. State, No. 1080S385
    • United States
    • Indiana Supreme Court of Indiana
    • 25 Noviembre 1981
    ...may be used only in the belief that such degree of force is necessary to defend oneself. Id., 398 N.E.2d at 1265; White v. State, (1912) 178 Ind. 317, 99 N.E. Defendant claims that he feared for his life since Spagoletti outweighed him, was taller, and had a reputation for fighting. There w......
  • Smith v. State, No. 22895.
    • United States
    • Indiana Supreme Court of Indiana
    • 25 Abril 1917
    ...court will not be set aside. Section 2221, Burns 1914; Hay v. State, 178 Ind. 478, 484, 98 N. E. 712, Ann. Cas. 1915C, 135;White v. State, 178 Ind. 317, 319, 99 N. E. 417;Mason v. State, 170 Ind. 195, 203, 83 N. E. 613. Judgment affirmed.LAIRY, C. J.,...
  • Loyd v. State
    • United States
    • Indiana Supreme Court of Indiana
    • 11 Enero 1980
    ...must be reasonable and may be used only in the belief that such degree of force is necessary to defend oneself, White v. State, (1912) 178 Ind. 317, 99 N.E. Even assuming that Defendant had been assaulted and had a right to defend himself, the circumstances disclosed by the evidence in this......
  • Trisler v. State, No. 29154
    • United States
    • Indiana Supreme Court of Indiana
    • 17 Junio 1954
    ...217. Plummer v. State, 1893, 135 Ind. 308, 313, 34 N.E. 968; Clark v. State, 1902, 159 Ind. 60, 65, 64 N.E. 589; White v. State, 1912, 178 Ind. 317, 318, 99 N.E. 417; Moore v. State, 1948, 226 Ind. 428, 430, 81 N.E.2d Appellant's motion to modify the judgment to agree with that part of the ......
  • Request a trial to view additional results

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