People v. Kilvington
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County, and from an order denying a new trial. The defendant, George Kilvington, was informed against by the district attorney of Santa Clara county for the crime of murder, alleged to have been committed at said county on the third day of May, 1892, by the felonious killing of one Henry Schmidt.
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Appeal from a judgment of the Superior Court of Santa Clara County, and from an order denying a new trial. The defendant, George Kilvington, was informed against by the district attorney of Santa Clara county for the crime of murder, alleged to have been committed at said county on the third day of May, 1892, by the felonious killing of one Henry Schmidt. The defendant was convicted of manslaughter, and adjudged to be punished by imprisonment in the state prison of the state of California, at San Quentin, for the term of seven years. This appeal is from the final judgment and from an order…
1Opinion of the CourtDe Haven, J.
There is no conflict in the evidence as to the circumstances under which the defendant killed the deceased, and, in order to determine whether his act was excusable or not, it was necessary for the jury to consider, first, whether the defendant was justified in attempting to arrest the deceased at all; and, if so, whether the act of shooting merely for the purpose of intimidating, and thus causing the deceased to stop, and without any intention of killing or wounding him, was or was not criminal negligence. It was important to the defendant to have these questions, and the law in relation to…
2Cases cited8 opinions
- Ball v. RawlesCalifornia Supreme Court · 1892
- Burns v. . ErbenNew York Court of Appeals · 1869
- Grant v. MooreCalifornia Supreme Court · 1866
- Pangburn v. BullNew York Supreme Court · 1828
- Harkrader v. MooreCalifornia Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by108 opinions
- People v. IngleCalifornia Supreme Court · 1960
- Willson v. Superior CourtCalifornia Supreme Court · 1956
- People v. LewisCalifornia Court of Appeal · 1966
- People v. LawrenceCalifornia Court of Appeal · 1957
- People v. SandovalCalifornia Supreme Court · 1966
103 more not listed; retrieve them via the Exa API.