Davidson v. People
Supreme Court of Colorado
Error to District Court of El Paso County. The plaintiff in error was indicted for tire crime of murder at the February term, 1877, of the district court of El Paso county, and at the same term tried and convicted of manslaughter. On the trial the plaintiff in error set up as defense : First, that, at the time of the homicide, the deceased, Francis M. Brown, intended by violence or surprise then and there to kill the plaintiff in error.
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Error to District Court of El Paso County. The plaintiff in error was indicted for tire crime of murder at the February term, 1877, of the district court of El Paso county, and at the same term tried and convicted of manslaughter. On the trial the plaintiff in error set up as defense : First, that, at the time of the homicide, the deceased, Francis M. Brown, intended by violence or surprise then and there to kill the plaintiff in error. Second, that if deceased did not so intend the plaintiff in error honestly so believed, and upon reasonable grounds, and acting upon such fears he shot and…
1Opinion of the CourtElbebt, J.
The rule respecting the admissibility of threats of the deceased against the prisoner in a case of homicide where the threats have not been communicated to the prisoner is stated by Mr. Wharton (Orim. Law, 1027*) as follows:
“Where the question is as to what was deceased’s attitude at the time of the fatal encounter, recent threats may become relevant to show that this attitude was one hostile to the defendant, even though such threats were not communicated to defendant. The evidence is not relevant to show the quo animo of the defendant, but it may be relevant to *147show that at the time of the…
2Cases cited2 opinions
- People v. ScogginsCalifornia Supreme Court · 1869
- Holler v. StateIndiana Supreme Court · 1871
3Cited by12 opinions
- Babcock v. PeopleSupreme Court of Colorado · 1889
- Berger v. PeopleSupreme Court of Colorado · 1950
- Wickham v. PeopleSupreme Court of Colorado · 1907
- People v. SmithSupreme Court of Colorado · 1993
- May v. PeopleSupreme Court of Colorado · 1885
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