People v. Campbell
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The first instruction asked for by the defendant’s attorney was as follows: “ A person may defend himself by taking life, whether his danger is real or not, if the danger is apparently so imminent and pressing that a prudent man might suppose himself in such peril as to deem the taking of the life of his assailant necessary to self preservation.”
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The first instruction asked for by the defendant’s attorney was as follows: “ A person may defend himself by taking life, whether his danger is real or not, if the danger is apparently so imminent and pressing that a prudent man might suppose himself in such peril as to deem the taking of the life of his assailant necessary to self preservation.” After giving the same, the Court added as follows : “ As, for instance, where A. threatened to take B.’s life at sight, which threat was known to B., and…
1Opinion of the Court
By the Court, Rhodes, J.:
Indictment for murder. The defendant was convicted of manslaughter. The errors assigned relate to the instructions.
The defendant’s .counsel complains that the Court modified the first instruction requested by him, and limited the right of the defendant to take life in self defense, to cases where the assailant is armed with a deadly weapon and has previously threatened the life of the defendant. What the Court said in connection with the defendant’s instruction was neither a modification nor a qualification of the instruction. It was merely a hypothetical case, stated…
2Cited by18 opinions
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- People v. AndersonCalifornia Supreme Court · 1872
- State v. RogersIdaho Supreme Court · 1917
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