People v. Freel
California Supreme Court
Appeal from the District Court of the Third Judicial District, City and County of San Francisco. The defendant was indicted for the crime of murder, alleged to have been committed at San Francisco, on the first day of November, 1873, by killing one Edward W. Allen. Allen kept a saloon, and a crowd of persons having collected there so as to obstruct his doorway, he went from his place behind the bar with a cane or stick to clear the passage-way.
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Appeal from the District Court of the Third Judicial District, City and County of San Francisco. The defendant was indicted for the crime of murder, alleged to have been committed at San Francisco, on the first day of November, 1873, by killing one Edward W. Allen. Allen kept a saloon, and a crowd of persons having collected there so as to obstruct his doorway, he went from his place behind the bar with a cane or stick to clear the passage-way. A difficulty took place, during which he was killed. The defendant claimed to have been justified, but the testimony was of such a character, that it…
1Opinion of the Court
By the Court, Niles, J.:
The Court instructed the jury as follows: “ You will also observe that the difference between murder and manslaughter is, that in manslaughter there is no intention whatever either to kill or to do bodily harm. The killing is the unintentional result of a sudden heat of passion, or of an unlawful act committed without due caution or circumspection.”
This is clearly erroneous. Whether the homicide amounts to murder or to manslaughter merely, does not depend upon the presence or absence of the intent to kill. In either case there may be a present intention to kill at the…
2Cited by35 opinions
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- People v. BryantCalifornia Supreme Court · 2013
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