18-4010 FEAR NOT SUFFICIENT JUSTIFICATION.
CRIMES AND PUNISHMENTS
CHAPTER 40
HOMICIDE
18-4010. Fear not sufficient justification. A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of the preceding section, to prevent which homicide may be lawfully committed, is not sufficient to justify it. But the circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of such fears alone.