Resistance by Party About to Be Injured

  1. Law
  2. Tennessee Code
  3. Prevention and Detection of Crime
  4. Self Defense
  5. Resistance by Party About to Be Injured

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Resistance sufficient to prevent the offense may be made by the party about to be injured to prevent an:

  1. Offense against the party's person; or
  2. Illegal attempt by force to take or injure property in the party's lawful possession.

Code 1858, § 4929; Shan., § 6890; Code 1932, § 11414; T.C.A. (orig. ed.), § 38-102.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 28.75, 28.71, 28.76.

Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 10.

Law Reviews.

Self-Defense — Duty to Retreat, 48 Tenn. L. Rev. 1000 (1981).

The Prevalence and Use of Criminal Defenses: A Preliminary Study (Neil P. Cohen, Michael G. Johnson, Tracy B. Henley), 60 Tenn. L. Rev. 957 (1993).


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