2.
Homicide, se defendendo, is that which takes place upon a sudden
rencounter, where two persons upon a sudden quarrel, without
premeditation or malice, fight upon equal terms, and one, before a
mortal stroke has been given, declines any further combat, and retreats
as far as he can with safety, and kills his adversary, through
necessity, to avoid immediate death. 2 Swift's Dig. 289 pamphl. Rep. of
Selfridge's, Trial in, 1805 Hawk. bk. 1, c. 11, s. 13; 2 Russ. on Cr.
543; Bac. Ab. Murder, &c F 2.
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