The "no defense" proposition isn't entirely accurate. This particular court in 1884 said that necessity was not a defense to murder. A FL, GA, SC, NC, etc. cou

The "no defense" proposition isn't entirely accurate. This particular court in 1884 said that necessity was not a defense to murder. A FL, GA, SC, NC, etc. court in 2009 may disagree. A defendant could also assert insanity or diminished mental capacity as defenses. Today necessity can be a defense to murder in some jurisdictions and some facts. So it is not precluded per se as this decision says. I have no idea whether international law could be controlling here or what that international law is. Of course all of this is semi-moot because US criminal law is dominated by statute, not common law.