People v. Anderson
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, Sacramento County. The defendant was indicted for the crime of murder, in the killing of James Quigley, and was convicted of manslaughter. At the trial the counsel for the defendant read to the jury, to illustrate, and as a part of his argument, the facts and the decision of the Court in the case of Shorter v. The People, 2 Comst. 197, and in the case of Granger v. The People, 5 Yerg.
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Appeal from the District Court of the Sixth Judicial District, Sacramento County. The defendant was indicted for the crime of murder, in the killing of James Quigley, and was convicted of manslaughter. At the trial the counsel for the defendant read to the jury, to illustrate, and as a part of his argument, the facts and the decision of the Court in the case of Shorter v. The People, 2 Comst. 197, and in the case of Granger v. The People, 5 Yerg. Yo objection was made by the counsel on the other side, but after the jury had been instructed, and whilst they were still in its presence and…
1Opinion of the Court
By the Court, Crockett, J.:
The argument on the rehearing in this cause has convinced me that the judgment ought to be reversed. The eighth instruction, given at the instance of the prosecution, was clearly erroneous. In defining the right of self-defense it tells the jury that this right “cannot be exercised in any case, or to any extent not necessary. The party making the defense is permitted to use no instrument and no power beyond what will prove simply effectual.” This definition excludes all that class of cases in which the act imputed to the accused was apparently one of necessary…
2Cases cited3 opinions
- Brown v. McAllisterCalifornia Supreme Court · 1870
- People v. ValenciaCalifornia Supreme Court · 1872
- People v. CampbellCalifornia Supreme Court · 1866
3Cited by33 opinions
- People v. GoldensonCalifornia Supreme Court · 1888
- People v. MaughsCalifornia Supreme Court · 1906
- The People v. BrunerIllinois Supreme Court · 1931
- Gregory's Adm'r v. Ohio River R'dWest Virginia Supreme Court · 1893
- Johnson v. CulverIndiana Supreme Court · 1888
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