Opinion
Gen. No. 9,589. (Abstract of Decision.)
Opinion filed May 27, 1948 Released for publication June 22, 1948
ASSAULT AND BATTERY, § 24 — propriety of instructions in action for injuries. In action for injuries sustained when defendant landlord assaulted plaintiff tenant by shooting latter during dispute over lights, instructing at plaintiff's request that under pleadings defendant had burden of proving by preponderance of evidence that assault was made in necessary self defense, and that in making assault defendant used no more force than necessary to protect himself, and that a person in repelling an assault has no right to use greater force than, under circumstances, he believes to be reasonably necessary for self protection was not error, particularly in of other given instructions.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Christian county; the Hon. WARD P. HOLT, Judge, presiding.
Affirmed. Heard in this court at the May term, 1948.
Harold Broverman and Scott Hoover, for appellant;
Hogan Coale and Daniel H. Dailey, for appellee.
Not to be published in full. Opinion filed May 27, 1948; released for publication June 22, 1948.