Code
If the offence, the
committing of which, or the attempting to commit which occasions the exercise of the right of private
defence, be theft, mischief, or criminal trespass, not of any of the descriptions specified in section 41, that
right does not extend to the voluntary causing of death, but does extend, subject to the restrictions
specified in section 37, to the voluntary causing to the wrong-doer of any harm other than death.