People v. Hurley
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. The defendant was indicted for the murder of one James Thompson, committed by shooting the latter with a pistol; defendant was convicted of murder in the second degree, and sentenced to ten years imprisonment; he now appeals to this Court, upon errors assigned in the refusal of the Court below, to give to the jury the instructions asked by him.
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Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. The defendant was indicted for the murder of one James Thompson, committed by shooting the latter with a pistol; defendant was convicted of murder in the second degree, and sentenced to ten years imprisonment; he now appeals to this Court, upon errors assigned in the refusal of the Court below, to give to the jury the instructions asked by him. The first instruction was to the effect that if the prisoner drew his pistol with no intention of shooting, unless it became necessary, and that in the scuffle which…
1Opinion of the CourtBurnett, J.
The defendant was convicted of murder in the second degree. Certain instructions were offered by the counsel of the defend-, ant, and refused by the Court, and the defendant excepted.
The first instruction offered by the defendant was properly refused, as there was no testimony tending to show that the pistol was accidentally discharged.
The second instruction was in these words:
“ If the jury believe from the evidence, that the defendant, *391through weakness of mind, and by fear and excitement, produced by the violence of deceased, did not know what the effect of his act, if fatal, would be, with…
2Cited by6 opinions
- Clough v. StateNebraska Supreme Court · 1878
- State v. StewartNevada Supreme Court · 1874
- People v. MaupinsCalifornia Court of Appeal · 1916
- People v. RamirezCalifornia Supreme Court · 1859
- State v. DonnellySupreme Court of Iowa · 1886
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