People v. Flahave
California Supreme Court
After the decision a petition for rehearing was filed and denied. Appeal from a judgment of eonvietion-and an order denying a new trial in the Superior Court of Colusa County. Hatch, J.
1Opinion of the Court
Sharpstein, J.:
Conceding that the last clause of the quotation which we treated in our former opinion as a copy of one of the instructions of the Court is not a true copy of the instruction as given by the Court, although literally copied from the bill of exceptions, the question arises whether the first clause, which is correctly copied from that instruction, is erroneous.
The Penal Code which was in force at the time of the al*250leged, commission of the homicide by the defendant, and which has ever since been in force, declares that homicide is justifiable “when committed in the lawful defense”…
Also in this document: Concurrence.
2Cited by17 opinions
- People v. WestlakeCalifornia Supreme Court · 1882
- People v. GrayCalifornia Supreme Court · 1882
- People v. BruggyCalifornia Supreme Court · 1892
- Lumpkin v. StateCourt of Criminal Appeals of Oklahoma · 1911
- People v. DyeCalifornia Supreme Court · 1888
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