106. Right of private
defence against deadly assault when there is risk of harm
to innocent person.- If in the exercise of the right
of private defence against an assault which reasonably causes
the apprehension of death, the defender be so situated that
he cannot effectually exercise that right without risk of
harm to an innocent person, his right of private defence extends
to the running of that risk.
Illustration
A. is attacked by a mob who attempt to murder him. He cannot
effectually exercise his right of private defence without
firing on the mob, and he cannot fire without risk of harming
young children who are mingled with the mob. A commits no
offence if by so firing he harms any of the children.
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