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[8] The objection that the taking of life, whether justifiably or not, is forbidden, has been answered; it was not to the blows, but to the physician, that the man's death was due, as the witnesses state in their evidence. Further, it is the aggressor, and not he who was defending himself, who was responsible for the accident. The one gave and received the blows which he did from no choice of his own, and therefore the accident in which he had a part was not of his own causing. The other did what he did of his own free will, and it was by his own actions that he brought the accident upon himself; hence he had himself to blame for the mischance whereby he committed his error.

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