"If one provokes a difficulty in order to be ready prepared to kill another, or inflict serious bodily harm upon him, he cannot justify such killing on the ground of self-defense, although it may subsequently be necessary for him to kill his adversary in order to save his own life." Young v. State, 53 Tex. Cr. 416, 110 S. W. 445, 126 Am. St. Rep. 792. To hold that the circulation of a report accusing another of larceny would, without regard to its truth or falsity, constitute a provocation of the difficulty, would result in this: Any person whose property has been stolen would give expression to his suspicions or conviction as to the identity of the thief, at the risk of being called to account for his words, and upon attack therefor, of being deprived of the right to defend himself from a murderous attack. In other words, he who has given expression to such conviction, under the law as thus expounded, subjects himself, without hope of reprieve, to capital punishment at the hands of the thief. The fact that the thief may be executed will be small consolation to him. If the facts would justify the report, the law makes it the duty of the injured party to cry aloud; it provides the machinery to be set in motion by him for the punishment of the thief. Even if the report be false, it should be made to appear that it was circulated for the purpose or with the reasonable expectation of bringing about a difficulty. In such cases the calumny is usually the work of the skulking coyote. "The right to defend one's self from a public horsewhipping is not defeated by the circulation of slanders about relatives of the assailant." State v. Bartlett, 170 Mo. 658, 71 S. W. 148, 59 L. R. A. 756. "Nor is the right to defend one's self against an attack by another defeated by the circulation of slander about relatives of the assailant, or by the publication and circulation of a libel concerning him." Wharton, § 326. Wharton declares: "Nor is it necessary that the means used should have been such as were reasonably calculated to provoke a difficulty, if the accused intended to provoke a difficulty, and used such means as he thought would provoke it, and they did provoke it, it is all that is necessary." Section 323. I may say, too, that the unrestricted application of the doctrine announced in the Rowell case ignores the well recognized distinction between a perfect and an imperfect self-defense. The former appears when all of the wellknown elements of self-defense have been established; the latter when the defendant has been at fault in bringing on the difficulty, though not with the intention of creating the opportunity to take the other's life or inflicting serious bodily harm. END OF THIS VOLUME. Cases Cited by the Court. American Express Co. v. U. S. Horse Shoe Co., 244 359 A. 166 165 Atlantic Coast Line R. Co. v. Glenn, 239 U. S. 388; 36 Sup. Ct. 154; 60 L. Ed. 344... 315 Attorney General v. Jolly, 1 Rich. Eq. 299... 151 ... Baker v. Pyatt, 108 Ind. 61;9 N. E. 112. 467 75 467 Bennett v. Railway, 97 S. C. 27; 81 S. E. 189... 118 Berger v. Railway, 93 S. C. 372; 76 S. E. 1096...... 175 Black v. Merritt, 13 Ky. Law Rep. 367. ... 477 Bofil v. Fisher, 3 Rich. Eq. 1, 55 Am. Dec. 627.... 42 .73, 78 Buist v. Salvo, 44 S. C. 144; 21 S. E. 615. 425 Cas. 1918c, 363.... 369 Burt v. Burt, 41 N. Y. 46. 165 Burwell v. Chapman, 59 S. C. 581; 38 S. E. 222..... 426 Byrd v. O'Neal, 106 S. C. 346; 91 S. E. 293.... 78 Caldwell v. Duncan, 87 S. C. 331; 69 S. E. 660 ...... 366 Cannon v. Lockhart Mills, 101 S. C. 59; 85 S. E. 233. 177 Cape Fear Lumber Co. v. Matheson, 69 S. C. 91; 48 S. E. 111 .... Carrier v. Hague, 9 S. C. 454 Cartee v. Spence, 24 S. C. 550 467 323 446, 448 Carter v. R. R. Co., 109 S. C. 119; 95 S. E. 357..... 177 Case Threshing Co., v. Dyches, 108 S. C. 417; 94 S. E. 1051 467 Castle v. Railway, 99 S. E. 846 144 Cathcart v. Matthews et al., 105 S. C. 329; 89 S. E. 1021 4 Cathcart v. Matthews et al., 91 S. C. 464; 74 S. E. 985; Ann. Cas. 1914a, 36.... 6 166 162 174 Chapman v. City Council, 30 S. C. 549; 9 S. E. 591; 3 L. R. A. 311.... Cheves v. Haskell, 10 Rich. eq. 534.. Church v. Elliott, 65 S. C. 251; 43 S. E. 674 City of Columbia v. Tindall, 43 S. C. 547; 22 S. E. 341 .... 111, 114 Coates v. Early, 46 S. C. 223; 24 S. E. 305 ..... 467, 426 C. 353; 96 S. E. 529; 112 S. C. 457; 100 $. E. Commonwealth v. Nickerson, 236 Mass. 281; 128 N. E. 273 .. Corbett v. Laurens, 5 Rich. Eq. 301 Cox v. Enterprise Bank, 115 S. C. 191 49 527 45 383 Craddock v. Weekley, 85 S. C. 329; 67 S. E. 308.... 303 Crane v. Moses, 13 S. C. 561 475 Crawley v. Crofton, 193 Mo. 421; 91 S. W. 1027.... 74 364 475 Davant v. Webb, 2 Rich. 379 475, 476 Davis v. Arledge, 3 Hill, 170; 30 Am. Dec. 360...... 16 St. Rep. 843 406 Dennis v. Dennis, 4 Rich. Eq. 307 72 Dennis v. Railway, 93 S. C. 295; 76 S. E. 711... ... 367 Dye v. Beaver Creek Church, 48 S. C. 444; 26 S. E. 717; 59 Am. St. Rep. 724 . 159 |