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[Cite as State v. Peacock, 40 Ohio 333
The State of Ohio v. William Peacock.
Bill of exceptions taken in the Court of Common
Pleas of Wood County.(p.334)
J.D. Troop, prosecuting attorney, for
plaintiff in error.
J.R. Tyler, for defendant in error.
By the Court. 1. In Marts v. The
State, 26 Ohio St., 162, the circumstances under which homicide may
lawfully be committed in self-defense are well stated.
2. Where one is assaulted in his home, or the home itself is
attacked, he may use such means as are necessary to repel the assailant
from the house, or to prevent his forcible entry, or material injury to his
home, even to the taking of life. But a homicide in such a case would not be
justifiable unless the slayer, in the careful and proper use of his faculties,
bona fide believes , and has reasonable ground to believe that
the killing is necessary to repel the assailant or prevent his forcible
3. So far as the charge to the jury here complained of was
inconsistent with these principles it was erroneous.