People v. Westlake

McKee, J.:

In the Superior Court of Shasta County Thomas L. Westlake was charged, by criminal information, with having committed the crime of murder, by maliciously and unlawfully killing one John McCool, in that county. Upon trial a verdict was rendered against him of murder in the second degree, and on this appeal, which is from the judgment of conviction, and from an order denying his motion for a new trial, it is insisted that the Court erred: first, in giving to the jury the following instruction upon the subject of justifiable homicide:,c Past threats or conduct of the deceased, how…