Reports of Cases Determined in the Supreme Court of the State of California (Volume 123) download pdf

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Reports of Cases Determined in the Supreme Court of the State of California (Volume 123) download pdf

Reports of Cases Determined in the Supreme Court of the State of California (Volume 123). California Supreme Court

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Author: California Supreme Court
Page Count: 316 pages
Published Date: 04 Feb 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781235673160
File size: 11 Mb
Download Link: Reports of Cases Determined in the Supreme Court of the State of California (Volume 123)
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906. Excerpt: ... CRIMINAL LAW (Continued). of lying in wait, advanced by the prosecution and that It was for the jury to determine whether that fact.was proven. (Id.) 76. Creating Appearances To Justify Counter-assault--InstrucTion--Effect Of Verdict.--If there Is any evi-dence to sustain the court In submitting the question to the jury, it Is proper to instruct them that If the defendant created appearances to justify the deceased in making a deadly counter-assault in self-defense, and the defendant slew him while making such counterassault, and did not or from the suddenness of the counter-assault could not, notify him that he had abandoned the contest, the killing was unjustifiable. Any part of such instruction based upon the hypothesis of a deliberate purpose to create such appearances, Is rendered Immaterial by a verdict acquitting the defendant of murder In the first degree and the instruction will be considered as If based upon the hypothesis of their creation without preconceived design. (Id.) 77. Evidence--Opinion Of Physicians--Direction Of Bullet.--A practicing physician and surgeon who conducted the autopsy of the deceased, and who, though having small previous experience In gunshot wounds, had specially studied the subject, and was qualified to answer a hypothetical qucstiop, and able to state the grounds of his opinion, Is qualified to testify to his opinion as to the exit and entrance of the bullet with which the deceased was killed. The value of the testimony Is a question for the jury. ( Id.) 78. Threats Of Deceased--Admissibility Of Conversation--Error Without Prejudice.--A witness testifying to threats made by the deceased in a conversation should be permitted to testify to so much of the conversation between them as may show the true meaning and signi...

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