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Old May 10, 2009, 04:54 PM   #10
Mr. James
Senior Member
 
Join Date: April 10, 2001
Location: The Old Dominion
Posts: 1,521
Actually, not a hijack at all

In the context of Virginia law, there is a distinction made between justifiable homicide and excusable homicide, the latter involving cases where the defendant provoked or initiated the conflict, but then retreated when things turned ugly.

Quote:
Justifiable homicide in self-defense occurs where a person,
without any fault on his part in provoking or bringing on the
difficulty, kills another under reasonable apprehension of
death or great bodily harm to himself. . . .

Excusable homicide in self-defense occurs where the accused,
although in some fault in the first instance in provoking or
bringing on the difficulty, when attacked retreats as far as
possible, announces his desire for peace, and kills his
adversary from a reasonably apparent necessity to preserve his
own life or save himself from great bodily harm.

Bailey v. Commonwealth, 200 Va. 92, 96, 104 S.E.2d 28, ___ (1958).
Your point is, however, unassailable. Walk away, stifle your sharp retorts, offer it up . . .
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"When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law." —Frederic Bastiat
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