People v. Denomme

Citations

• 6 Cal. Unrep. 227
• 56 P. 98
• 1899 Cal. LEXIS 1166

Syllabus

<p>Manslaughter.—Deceased, Who was Drunk, Approached Accused, a stranger, in a saloon, making an insulting remark, which the latter took to be addressed to himself, and, after pushing deceased away, on his second approach struck him with his fist—once in the face, and several times over the heart. Deceased was unarmed, but accused testified he had his right hand closed, and accused struck him to protect himself, though there was no showing that deceased’s manner was menacing, nor that accused’s violence was justifiable. Deceased died in two hours of heart rupture, which the evidence showed the blows were sufficient to cause. Held, that the killing was manslaughter, under Penal Code, section 192, making killing as the result of an unlawful act, committed without due caution and circumspection, such offense.1</p> <p>* Manslaughter.—The Use of the Instructions in the Argument to the jury is within the discretion of the court.</p>