People v. Conkling

Citations

• 111 Cal. 616
• 44 P. 314
• 1896 Cal. LEXIS 630

Syllabus

<p>Criminal Law—Homicide—Evidence—Collateral Dispute as to Road' —Legal Rights Immaterial—Self-defense.—Upon the trial of a defendant accused of murder, which occurred in connection with a dispute between the defendant and the deceased as to the right of defendant to travel over a road crossing land leased by the deceased, evidence is admissible to show the facts leading up to the homicide, to the extent of proving that deceased was in possession of the land as lessee, and had obstructed the road leading over the land for the purpose of preventing travel thereon, and that defendant claimed the right to travel over the road, and claimed that deceased had no right to prevent him from so doing; hut evidence is not admissible to show the relative legal rights of the parties to the dispute, such rights being collateral to the issue as to the killing of the deceased, which cannot be justified by proof that the defendant had the legal right to travel the road, nor could it be a justification of any attempt by deceased to kill the defendant, if defendant had no right to travel the road; and the only justification of the killing must he upon the plea of self-defense, regardless of the respective rights of the parties to the road.</p> <p>Id.—Deadly Affray—Beginner Responsible for Result.—If the deceased, at the time of the killing, was endeavoring at all hazards to prevent a passage through the fence with which he had obstructed the road, and the defendant was attempting to pass through the fence, and over the road at all hazards, and the parties were thereby involved in a deadly affray, the man who began the affray, and by some overt act caused the other, as a reasonable man, to believe that he was in great danger of loss of life or limb, thereby places himself without the protection of the law, and must bear the consequences, whether of death upon the ground, or of penalty for murder.</p> <p>Id. — Evidence — Clothing of Deceased — Condition — Insufficient Objection.—Where t