People v. Burks

I agree with Justice Black and the Court of Appeals as to the first question.

I disagree with the rigid statement by the Court of Appeals that “the character of the deceased in a homicide prosecution is material only when a plea of self-defense is interposed.” (Emphasis added.)

A proper statement of the evidentiary rule appears in 40 CJS, Homicide, § 222, pp 1138,1140:

“Aside from the situation where there is a claim of self-defense and some evidence in support thereof * * # the violent, turbulent, and dangerous character of deceased may be shown when from the circumstances of the case it is a…