People v. Taylor
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Sierra County. The first and second instructions asked on the part of the defendant, and refused by the Court, were as follows; “1st. If it appears from the evidence that John Lewis, the deceased, made the first attack upon Taylor, the defendant, with glass tumblers or bottles, and that the danger of great bodily harm to Taylor from such attack was so urgent and pressing that in order to save himself from such bodily…
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Appeal from the District Court, Tenth Judicial District, Sierra County. The first and second instructions asked on the part of the defendant, and refused by the Court, were as follows; “1st. If it appears from the evidence that John Lewis, the deceased, made the first attack upon Taylor, the defendant, with glass tumblers or bottles, and that the danger of great bodily harm to Taylor from such attack was so urgent and pressing that in order to save himself from such bodily harm it was necessary for him to kill Lewis, the jury should find the defendant not guilty; but it is not necessary,…
1Opinion of the Court
By the Court, Sanderson, J. :
The defendant was tried for murder, and convicted of manslaughter. He moved for a new trial, which was denied, and then appealed. The grounds of the motion are: First—Insufficiency of the evidence; Second—Error in admitting and excluding evidence; Third—Error in charging the jury.
The case shows that Lewis, the deceased, was the keeper of a drinking saloon, which was a part of the same building in which his family resided. That early in the evening, and some three or four hours before the homicide was committed, the defendant was sufficiently intoxicated to be…
2Cases cited4 opinions
- People v. SanchezCalifornia Supreme Court · 1864
- People v. KingCalifornia Supreme Court · 1865
- Clark v. WillettCalifornia Supreme Court · 1868
- People v. ByrnesCalifornia Supreme Court · 1866
3Cited by14 opinions
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- Cosmos Exploration Co. v. Gray Eagle Oil Co.Court of Appeals for the Ninth Circuit · 1901
- Guiteau's CaseDistrict Court, S.D. New York · 1882
- Spear v. United RailroadsCalifornia Court of Appeal · 1911
- People v. WilkisonCalifornia Court of Appeal · 1916
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