People v. Alivtre

Citations

• 55 Cal. 263

Syllabus

<p>Evidence—Threats —Criminal Law— Murder.— Upon the trial of an indictment for murder, it appeared that an affray had taken place, shortly before the killing, between the deceased and the defendant, in which the latter had been badly cut, but from the evidence there was a question whether deceased was not fired upon before he commenced to use his knife ; and the Court, excluded evidence of threats previously made by the deceased, that he intended to kill the defendant, on the ground that it did not appear that the threats were communicated to the defendant. Held, that upon the determination of the question, by whom was the affray commenced ? may have depended the verdict of murder, instead of manslaughter, and that upon this question the evidence was admissible, as tending to show that the deceased attempted to fulfill his threat.</p>