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Clark v. State11/12/2003
lence upon the person of another is justifiable, when committed for the purpose of preventing a forcible offense against the person or forcible offense or trespass against property in a person's lawful possession; provided that the force of violence used must be reasonable and apparently necessary to prevent such offense, and that this article shall not apply where the force or violence results in a homicide.
Likewise, La. R.S. 14:22 provides a similar defense for the defense of others.
In applying those principles to the matter before us, we do not find the trial court erred in its finding of law. A careful reading of the reasons for judgment shows that the trial court found both parties to be intentional tortfeasors and, although it used the aggressor doctrine in its analysis, the finding was that the defendants were not liable as a result of the defense or privilege of self-defense and defense of others. That is consistent with the law as it stands now on intentional torts, and is consistent with the facts in this matter. Accordingly, we affirm the trial court's judgment and assess all costs of this appeal to appellant.
AFFIRMED
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