People v. Lombard
California Supreme Court
Appeal from the Seventeenth District. Indictment for murder. The facts relative to the threats and killing are, that during the evening of Oct. 24th, 1859, Lucas, the deceased, had threatened to kill defendant, and that these threats were communicated to him that night; that two or three days before this time Lucas had made like threats, which were then communicated to the defendant.
Read the full summary
Appeal from the Seventeenth District. Indictment for murder. The facts relative to the threats and killing are, that during the evening of Oct. 24th, 1859, Lucas, the deceased, had threatened to kill defendant, and that these threats were communicated to him that night; that two or three days before this time Lucas had made like threats, which were then communicated to the defendant. Lucas on the evening named was drunk in the street, threatening to kill a man named Williams or defendant—the cause of trouble seeming to be a woman with whom defendant was intimate and whom Lucas had whipped.…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
The defendant was convicted of murder in the second degree. On the trial of the case, it was shown that the deceased had threatened to take the life of defendant, and that these threats were communicated to the latter previous to the killing. It did not appear that the threats were followed by any overt act, and under the circumstances, the mere apprehension of danger was insufficient to justify the homicide. The evidence offered in relation to the character of the deceased was properly excluded. Such evidence is admissible only where the immediate…
2Cited by3 opinions
- People v. YokumCalifornia Court of Appeal · 1956
- People v. BennettCalifornia Supreme Court · 1911
- People v. StewartCalifornia Supreme Court · 1865