Question juridique clé
Whether the accused's excess of self-defense was attributable to excusable excitement or shock under the applicable self-defense provision.
Solution extraite
The accused's emotional state was excusable; the excess of self-defense was therefore not punishable.
Motifs extraits
The second assault was sudden, unexpected, and carried out by an intoxicated attacker armed with a knife and fork. The accused was being attacked and beaten while on the ground, which justified intense excitement and shock. The prior first altercation did not make the later attack legally attributable to the accused.