People v. Fenwick
California Supreme Court
Appeal from the District Court, Eighteenth Judicial District, County of San Diego. It appears from the evidence that the defendant, on the 19th of October, 1871, left the Encientes Ranch where he was living, distant thirty miles from San Diego, and went into San Diego, stopped over night at a hotel, and early next morning sought the deceased, Wilson, at a lumber yard where he was employed.
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Appeal from the District Court, Eighteenth Judicial District, County of San Diego. It appears from the evidence that the defendant, on the 19th of October, 1871, left the Encientes Ranch where he was living, distant thirty miles from San Diego, and went into San Diego, stopped over night at a hotel, and early next morning sought the deceased, Wilson, at a lumber yard where he was employed. He found Wilson upon a pile of lumber at work and immediately began firing at him with a revolver. Wilson endeavored to escape, but the defendant followed him up, firing repeatedly, until he fell. The…
1Opinion of the Court
By the Court:
The defendant was indicted for the murder of Charles Wilson, and was convicted of murder in the first degree. At *288the request of the prosecution the Court instructed the jury that “ evidence of character can only bé considered in cases where the guilt of the accused is doubtful.” This instruction does not accord with the doctrine laid down by this Court in People v. Ashe, 44 Cal. 288. It was then held that evidence of the good character of the accused was admissible, for the very purpose of raising a doubt as to the guilt of the accused, and was to be considered by the jury,…
2Cases cited1 opinion
- People v. AsheCalifornia Supreme Court · 1872
3Cited by2 opinions
- People v. SmithCalifornia Supreme Court · 1881
- People v. FrenchCalifornia Supreme Court · 1902