People v. Brannon
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The defendant was indicted for the crime of murder, committed in the killing of Wm. H. Wall. The defense was that the killing was done in self-defense against a felonious assault by one Fisher, the shot by which the deceased was killed having been aimed at Fisher. The evidence was conflicting.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The defendant was indicted for the crime of murder, committed in the killing of Wm. H. Wall. The defense was that the killing was done in self-defense against a felonious assault by one Fisher, the shot by which the deceased was killed having been aimed at Fisher. The evidence was conflicting. The defendant was convicted of murder in the second degree and recommended to the mercy of the court. The appeal is from the judgment and from an order denying a new trial.
1Opinion of the Court
By the Court:
There is evident error in the latter portion of the- sixth instruction given at the request of the prosecution. The jury were told that it was their duty to convict if they should “ he satisfied of the guilt of the defendant to such a moral certainty as would influence the minds of the jury in the important affairs of life.”
The judgment of a reasonable man in the ordinary affairs of life, however important, is influenced and controlled by the preponderance of evidence. Juries are permitted and instructed to apply the same rule to the determination of civil actions involving…
2Cited by19 opinions
- People v. Daveggio & MichaudCalifornia Supreme Court · 2018
- People v. PottsCalifornia Supreme Court · 2019
- Lovett v. StateSupreme Court of Florida · 1892
- Bone v. StateSupreme Court of Georgia · 1897
- People v. KatzenbergerCalifornia Court of Appeal · 2009
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