State v. Comisford
Nevada Supreme Court
Appeal from the Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Charles Comisford was convicted of murder in the second degree, and he appeals. The court erred in its instruction as to self-defense in that the jury was instructed that the question of necessity was not for the defendant, but for the jury, thus precluding the jury from considering the effect on the mind of the defendant of the surrounding circumstances.
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Appeal from the Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Charles Comisford was convicted of murder in the second degree, and he appeals. The court erred in its instruction as to self-defense in that the jury was instructed that the question of necessity was not for the defendant, but for the jury, thus precluding the jury from considering the effect on the mind of the defendant of the surrounding circumstances. The rule is universal that to warrant the taking of life in self-defense there must have been reasonable grounds for belief upon the part of the slayer that…
1Opinion of the Court
By the Court,
McCarran, C. J.:
This is an appeal from a judgment of conviction of murder in the second degree. To the indictment, which charged murder in the first degree, the defendant pleaded "not guilty” and interposed the defense of justifiable homicide based upon self-defense.
The question as to who was the aggressor in the affray, as well as the question of the necessity to strike.the fatal blow,- was a closely contested issue in the trial. The court instructed the jury on the law of justifiable homicide as follows:
"You are instructed that the right to take life in self-defense rests upon…
2Cases cited13 opinions
- Weatherford v. StateCourt of Criminal Appeals of Texas · 1893
- State v. BecknerSupreme Court of Missouri · 1906
- Hawkins v. United StatesCourt of Criminal Appeals of Oklahoma · 1910
- Wesley v. StateMississippi Supreme Court · 1872
- Patten v. PeopleMichigan Supreme Court · 1869
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. ClydeHawaii Supreme Court · 1964
- Caston v. StateArizona Supreme Court · 1923
- Grimes v. WilliamsDistrict Court, D. Nevada · 2022