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or great bodily harm, you must judge him by the
circumstances by which he was surrounded at the time the force was used. The danger facing the Defendant need not have been actual, however, to justify the use of force not likely to cause death or great bodily harm, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could have been avoided only through the use of that force. Based on appearances the Defendant must have actually believed that the danger was real.
If you find that the victim had a
reputation of being a violent and dangerous person and that his reputation was known to the Defendant you may consider this fact in determining whether the actions of the Defendant were those of a reasonable person in dealing with an individual of that reputation.
In considering the issue of self—defense,
you may take into account the relative physical abilities and capacities of the Defendant and the victim.
If in your consideration of the issue of
self-defense if you have a reasonable doubt on the questions of whether or not the Defendant was justified in the use of force not likely to cause death or great bodily harm, you should find the Defendant not guilty. |
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