Unless inconsistent with any provision of this chapter defining justifiable use of physical force, or with any other provision of law, conduct which would otherwise constitute an offense is justifiable when such conduct is required or authorized by a provision of law or by a judicial decree, including but not limited to (1) laws defining duties and functions of public servants, (2) laws defining duties of private citizens to assist public servants in the performance of certain of their functions, (3) laws governing the execution of legal process, (4) laws governing the military services and the conduct of war, and (5) judgments and orders of courts.
(1969, P.A. 828, S. 17.)
Defendant is entitled to a theory of defense instruction as a matter of law when evidence under section is before jury. 178 C. 704. Cited. 197 C. 588; 204 C. 240; 209 C. 75; Id., 322. Evidence that defendant sought to introduce concerning a dispute over tribal leadership and defendant's alleged responsibilities as a tribal official was relevant to defendant's defense of justification under section and, therefore, was improperly excluded. 263 C. 602.
Cited. 8 CA 667; 18 CA 303; 21 CA 138; 23 CA 615; 24 CA 195; 45 CA 390.
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