79. Act done by a
person justified, or by mistake of fact believing himself
justified, by law.- Nothing is an offence which is
done by any person who is justified by law, or who by reason
of a mistake of fact and not by reason of a mistake of law
in good faith, believes himself to be justified by law, in
doing it.
Illustration
A sees Z commit what appears to A to be a murder. A, in the
exercise, to the best of his judgment exerted in good faith,
of the power which the law gives to all persons of apprehending
murderers in the fact, seizes Z, in order to bring Z before
the proper authorities. A has committed no offence, though
it may turn out that Z was acting in self-defence.
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