SELECTMEN. The name of certain town officers in several states of the United States, who are invested by the statutes of the states with extensive powers for the conduct of the town business.
In Criminal Law The protection of one's person and property from injury.
2. A man may defend himself, and rven commit a homicide for the prevention of any forcible and atrocious crime which if com pleted would amount to a felony, 17 Ala. x. s. 587 ; 5 Ga. 85 ; 1 Jones, No. C. 1b0 ; 30 Miss. 619 ; 14 B. Monr. Ky. 103, 614 ; 3 Wash. C. C. 515 ; and, of course, under the like circumstances, mayhem, woundivq, and battery would be excusable at common law. 1 East, Pl. Cr. 271 ; 4 Blackstone, Comm. 180. A nian may repel force by force in de fence of his person, property, or habitation against any one who manifests, intends, at tempts, or endeavors, by violence or surprise, to commit a forcible felony, such as murder, rape, robbery, arson, burglary, and the like. In these cases he is not required to retreat, but he may resist, and even pursue his ad versary, until he has secured himself from all danger. 7 J. J. Marsh. Ky. 478 ; 4 Bingh. 628.
3. A man may defend himself when no felony has been threatened or attempted. First, when the assailant attempts to beat another and there is no mutual combat: as, where one meets another and attempts to commit or does commit an assault and battery on him, the pet, son attacked may defend himself, 4 Den. N. Y.
448 ; Hill & D. N. Y. 229 ; 24 Vt. 218 ; 3 Harr. Del. 22 ; 3 Brev. No. C. 515 ; 5 Gray, Mass. 475; 3 Carr. & P. 31 ; 9 id. 474 ; see 10 Ired. No. C. 214 ; and in case of an offer or attempt to strike another, when sufficiently near, so that there is danger, the person assailed may strike first, and is not required to wait until he has been struck. Buller, Nisi P. 18 ; 2 Rolle, Ahr. 547. Second, when there is a mutual ,combat upon a sudden quarrel. In these cases both parties are the aggressors ; and if in the fight one is killed, it will be manslaughter at least, unless the survivor can prove two things, viz., that beA fore the mortal stroke was given he had raftiiied atiy fUrther earuhat, andhad retreated a's 'far as he could with safety, 8 N. Y. 396 ;• 4 Dev. & B. No. C. 491 ; 15 Ga. 117 ; 17 id. 465 ; 9 Ired.'No C. 4$5; 10 id. 214 ; 1 Ohio, St. '66 ; 1 Hawks,. No. C. 78, 210 ; •Selfridge's' c'ase ; and. that he killed his adversary frota necessity, to 'avoid his own destruction. .32 Me. 279 ; 2 Halst. N. J. 220';' 1.1 Humphr. Tenn. 200; .4 Barb. N. Y. 460 ; 2 N. Y. 193 ; Coxe,. N. J., 424 ; 25 Ala. N. s.. 15 ; 18 .B.• Monr. Ky: 49 ; 16 Ill. 17. • . A' man may defend himself against animals, and he may during the attack kill them, but not afterwards. 1 Carr. Sn P. 106.; 10 Johns. N. Y. 365.; 13 id. 12. ,