Leake v. The State

29 Tenn. 144 (1849)

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Nature of the Case

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Facts

The deceased was a very violent, turbulent, masculine woman of the worst character. She was a very strong, masculine woman very violent and turbulent in her disposition; a full match for a common man. D is of unusually small stature, and very youthful in his appearance; and in addition thereto, has lost his right hand. It is obvious that in an equal struggle, he was no match for the deceased, and that if not interfered with, she could have beat him to death with the skillet. D was in the habit of provoking the deceased; that he probably went to her house on that morning for the purpose of doing so again; that he knew her irritable, furious temper, and might, therefore, reasonably expect her out-break, he was acting in his own wrong, and cannot claim to be wholly excused from the consequences; unless it should appear that the assault was of so violent and sudden a character as to make it impossible, or very dangerous, for him to retreat from it; or unless the doors of the house (about which there is some proof) were so barred upon him as to make retreat impossible. D went to the prostitute and for whatever reason she attacked him with a heavy skillet and D responded by shooting and killing her. The jury has found the accused guilty of murder in the second degree. D appealed.