United States v. Wiltberger

United States Circuit Court · 1820 · Criminal Law

Criminal LawManslaughterSelf-DefenseCausationmanslaughtermurderself-defensejustifiable homicide

Facts

The defendant, a vessel's master, called seaman Peters down after hearing expressions of discontent. According to evidence credited in the charge, Peters removed his jacket, rolled up his sleeves, remained on deck after being told to go below, spoke insolently, and the defendant struck him; the defendant then used a large white oak stave and struck Peters on the head, with some witnesses describing multiple blows. All witnesses agreed that after Peters was knocked down he remained speechless and insensible until he died about eighteen hours later. The defense argued both self-defense and that Peters may instead have died from stomach inflammation aggravated by a liquor called samchoo.

Issue

Whether, on the evidence, the homicide could be justified as self-defense rather than treated as manslaughter, and whether the blows inflicted by the defendant were legally the cause of Peters's death. The charge also addressed whether a master's position aboard ship altered the ordinary self-defense analysis.

Rule

Manslaughter is the unlawful killing of another without express or implied malice, as in a sudden heat of passion. A killing is justifiable in self-defense only when the deceased manifestly appeared to intend by surprise or violence to commit a felony, the apparent felonious intent is inferred from the circumstances, the danger was imminent, and the force used was necessary to avert it; words, gestures, or even a mere assault intended only as a trespass or beating do not justify killing, though they may reduce murder to manslaughter. On causation, when the prosecution shows that the deceased was felled by repeated blows from a dangerous weapon and remained senseless until death, the law presumes the death was caused by those blows unless the contrary is clearly established by proof that they were not the cause or that another sufficient cause produced death.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Outside a tavern in Richmond, Nina Porter angrily steps toward Dana Cole, raises her fists, and says, "I'm going to smash your face." Dana immediately pulls a metal flashlight from her bag and strikes Nina in the temple, killing her.

If Dana is prosecuted for homicide, which is the strongest argument against treating the killing as justified self-defense?

Explanation. Justifiable homicide requires an apparent intent by the aggressor to commit a felony, imminent danger, and necessity for the deadly force used. Words, gestures, and even an assault intended only as a trespass or beating do not justify killing, though they may mitigate murder to manslaughter. Here, Nina appeared to threaten only a beating.