2005 Idaho Code - 18-4009 — JUSTIFIABLE HOMICIDE BY ANY PERSON

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 40
                                   HOMICIDE
    18-4009.  JUSTIFIABLE HOMICIDE BY ANY PERSON. Homicide is also justifiable
when committed by any person in either of the following cases:
    1.  When resisting any attempt to murder any person, or to commit a
felony, or to do some great bodily injury upon any person; or,
    2.  When committed in defense of habitation, property or person, against
one who manifestly intends or endeavors, by violence or surprise, to commit a
felony, or against one who manifestly intends and endeavors, in a violent,
riotous or tumultuous manner, to enter the habitation of another for the
purpose of offering violence to any person therein; or,
    3.  When committed in the lawful defense of such person, or of a wife or
husband, parent, child, master, mistress or servant of such person, when there
is reasonable ground to apprehend a design to commit a felony or to do some
great bodily injury, and imminent danger of such design being accomplished;
but such person, or the person in whose behalf the defense was made, if he was
the assailant or engaged in mortal combat, must really and in good faith have
endeavored to decline any further struggle before the homicide was committed;
or,
    4.  When necessarily committed in attempting, by lawful ways and means, to
apprehend any person for any felony committed, or in lawfully suppressing any
riot, or in lawfully keeping and preserving the peace.

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