People v. Emerson

Appellant was convicted of murder in the first degree and sentenced to death. His appeal is from the judgment and from an order denying his motion for a new trial.

The principal ground of the appeal is that the verdict is contrary to law and the evidence, and upon this point counsel contend that all the evidence—that introduced by the prosecution no less than the evidence of the defendant himself— shows clearly and without conflict that the killing (which is admitted) was done in necessary self-defense, or at least under circumstances which negative the existence of any deliberate purpose on…