Criminal Law and Procedure -- 1955 Tennessee Survey

Authors

Austin W. Scott Jr.

First Page

992

Abstract

Homicide: In Ivy v. State' the defendant, in the course of a fight with A, stabbed B, a peacemaker, killing him. The defendant appealed his conviction of involuntary manslaughter on the theory that the evidence did not support the verdict, since it showed that the defendant was striking at A in self-defense when he unfortunately stabbed B. The court held that the jury could properly find on the evidence either that (1) the defendant, not A, was the aggressor, or (2) even if A were the aggressor, defendant was not in imminent danger or reasonably supposed danger of death or serious bodily injury, and in either event the defense of self-defense was inapplicable. The case thus simply reiterates some well-settled principles of self-defense in homicide cases.

Recommended Citation

Austin W. Scott Jr., Criminal Law and Procedure -- 1955 Tennessee Survey, 8 Vanderbilt Law Review 992 (1955)
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol8/iss5/7