It  does  not  appear  that  the  threats  were
followed  by  any  overt  act ;  and,  under
the  circumstances,  the  mere  apprehen-
sion of  danger  was  insufficient  to  justify
the  homicide."  People  v.  Lombard,  17
Cal.  816,  820.    See  ante,  §  843.
6  The  State  v.  Thompson,  9  Iowa,  188,
192 ;  Tweedy  v.  The  State,  5  Iowa,  483.
And  see  The  State  v.  Potter,  13  Kan.  414 ;
Kingen  v.  The  State,  46  Ind.  518.
CkAP.  LVI.]      DEFENCE   OP   PEESON   AND   PEOPEKTY.  §  853

attacked  may  well  assume  that  the  other  intends  murder,  whether
he  does  in  fact  or  not.
