Legal Opinion

People v. Brittan

California Supreme Court

Decided September 28, 1897No. Crim. No. 268PublishedCited by 18 opinions

APPEAL from a judgment of tbe Superior Court of tbe City and County of San Francisco and from an order denying a new trial. William T. Wallace, Judge. Tbe facts are stated in tbe opinion of tbe court.

1Opinion of the CourtVan Fleet, J.

Defendant was convicted of manslaughter in killing one Phillip A. Reilley, and appeals from tbe judgment and an order denying him a new trial.

1. Defendant’s contention that the verdict is not sustained by the evidence is not maintainable. the killing was admitted by defendant, bis defense being that it was committed in necessary self-defense. There is a conflict in the evidence as to whether defendant or the deceased started the difficulty which ended in the homicide. The trouble commenced in a saloon, and ended on the sidewalk outside. The evidence all shows that, when the parties reached…

2Cases cited3 opinions

  1. People v. KramerCalifornia Supreme Court · 1897
  2. People v. GossetCalifornia Supreme Court · 1892
  3. People v. HamiltonCalifornia Supreme Court · 1882

3Cited by18 opinions

  1. People v. WilliamsCalifornia Supreme Court · 1981
  2. People v. EdwardsCalifornia Supreme Court · 1912
  3. Horn v. StateWyoming Supreme Court · 1903
  4. People v. BesoldCalifornia Supreme Court · 1908
  5. People v. SteinCalifornia Court of Appeal · 1913

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