People v. Dodge

By the Court, Sawyer, J.:

The defendant asked the Court to give the jury the following instruction : “ That the defendant is not required to prove where he was or how he was engaged when Mark Hammock was killed ; but the prosecution must establish beyond a reasonable doubt that he was at Ahearn’s and shot Mark Hammock, or the jury will'find the defendant not guilty.” The Court gave the instruction, but also added the following: “But if the jury are convinced, from all the evidence in the case, that defendant killed the deceased as charged in the indictment, it is not necessary to his…