The wife did not so manifestly fight in the defence of her husband, as to make it the duty of the court to instruct the jury that she was not guilty. The conflict between the husband and the prosecutor was not a fierce or deadly one, nor were they struggling or fighting on unequal terms. Nevertheless the wife cried out to her husband “shoot him, shoot him,” meaning the prosecutor, and at once she seized a heavy instrument, with which she might’ have killed the prosecutor, and struck him with it.
*616It does not appear that her interference was necessary at all, but making all due allowance for her wifely zeal, and her possible apprehensions as to her husband’s safety, it seems to us .that the court might well leave it to the jury to say whether or not she used more force than was necessary.
She had no right to fight to gratify her feelings of indignation or spiteful revenge ; she could only fight in the necessary defense of her husband, and be excused. State v. Johnson, 75 N. C., 174. The jury might not weigh the force employed by her, as against her in this action, in “gold scales,” but there was some evidence to go to and be weighed by them as to the necessity for her interference, and the excess of force used.
It does not seem to us, that, under the circumstances developed, any question was properly raised as to the constraint of the wife on the part of the husband, but in any view of the matter, the court’s charge was not erroneous. Her fierce language, the character of the weapon she used, the conflict between her husband and the prosecutor, was evidence tending .to rebut any presumption of constraint upon her imposed by her husband. It is true, that she desisted as soon as the prosecutor seized her, and this was a circumstance in her favor.
The case was fairly put to the jury by the court, and the responsibility was with them. State v. Jones, 77, N. C., 520.
There is no error, and the judgment must be affirmed. To that end let this opinion be certified according to law.
No error. Affirmed.