| Runyan v. State | |
|---|---|
 | |
| Court | Supreme Court of Indiana |
| Full case name | Runyan v. The State. |
| Decided | May 1877 |
| Citation | 50 Ind. 80 |
| Court membership | |
| Judges sitting | James Worden, Horace P. Biddle, Samuel E. Perkins, William Niblack, George Howk |
| Case opinions | |
| Decision by | Niblack |
| Keywords | |
Runyan v. State, 57 Ind. 80 (1877), was an Indiana court case that argued natural law and a distinct American Mind to reject a duty to retreat when claiming self-defense in a homicide case.
Background
On election night for the 1876 presidential race, John Runyan was harassed for being a Democrat by Charles Presnall when they were both in New Castle, Indiana. Runyan shot and killed him with his revolver even though he could have retreated.
Decision
The court implied it was un-American, writing of a referring to the distinct American mind, "the tendency of the American mind seems to be very strongly against" a duty to retreat. The court went further in saying that no statutory law could require a duty to retreat, because the right to stand one's ground is "founded on the law of nature; and is not, nor can it be, superseded by any law of society."
References
- ^ No Duty to Retreat:Violence and Values in American History and Society 4030 (1991)
- ^ Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, ISBN 978-1-4548-0698-1,
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