People v. Eubanks

Citations

• 86 Cal. 295
• 24 P. 1014
• 1890 Cal. LEXIS 1023

Syllabus

<p>Criminal Law — Homicide — Insanity—Burden of Proof—Preponderance of Evidence — Reasonable Doubt — Instruction—Error without Prejudice. — Upon the trial of a defendant charged with murder, an instruction to the jury that the burden was upon the defendant to prove the defense of insanity by a preponderance of evidence is not prejudicially erroneous, where it appears that the defendant admitted being guilty of the crime of murder, and claimed as the sole defense that he had inherited from an insane mother an impaired mentality, which had been further weakened by the use of alcoholic liquors, and that his mental condition was such at the time of the homicide that he could not have entertained malice in the shooting and should not be found guilty of murder in the first degree, or at least should not be subjected to the death penalty, and it further appearing that the jury was charged to give him the benefit of every reasonable doubt as to all other matters, including his defense, and that, as to such matters, he was not required to prove them by a preponderance of evidence.</p>