People v. Ah Kong

Citations

• 49 Cal. 6

Syllabus

<p>Ebbob which dobs no Habm.—On a. trial for murder, if there is nothing in the evidence for the prosecution tending to show that the offense amounted to manslaughter only, or that the defendant was justifiable or excusable, the error of the Court in charging the jury that the killing being proved, the burden of showing the justification, or other excuse, is cast on the defendant, without the qualification, unless the proof on the part of the prosecution shows it, does the defendant no harm.</p> <p>Excusable ob Justifiable Homicide ob Manslaughteb.—If, on a trial for murder, the evidence of the prosecution shows that, while the deceased was walking on the street, unarmed, one 'of the defendants fired a pistol at him from behind, and that the deceased then seized hold of him, and the other defendant came out of a building and shot him in the back, and that then the first-named defendant shot him in the neck, .killing him, such evidence does not tend to show that the crime was manslaughter, or that it was excusable or justifiable.</p> <p>Defendant cannot complain of Instbuciions, unless Injured.—If, in a criminal case, the instructions of the Court to the jury are more favorable to the defendant than they should have been, he is not injured, and cannot complain.</p>