People v. Johnson
California Supreme Court
Appeal from a judgment of conviction and from an order denying a new trial in the Superior Court of the County of Nevada. Caldwell, J.
1Opinion of the Court
Myrick, J.:
First—The defendant asked the Court to instruct the jury: “ If the accused was defending himself from an attack of the deceased that rendered it necessary for the protection of his own life that he should kill him, though he resolved to kill him before the fatal shot was fired, the killing was not murder.” It is enough to say, even if the instruction should be given in a proper case, the transcript does not contain the evidence; therefore, it is not apparent that the Court erred in refusing the instruction.
Second—The defendant asked the Court to instruct the jury that “ where no…
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