People v. Fitchpatrick

Citations

• 106 Cal. 286
• 39 P. 605
• 1895 Cal. LEXIS 601

Syllabus

<p>Criminal Law — Assault with Intent to Commit Murder — Self-defense—Appeal—Review of Evidence.—Although the evidence upon a charge of an assault with intent to commit murder shows a close case upon the plea of self-defense, yet, where the jury has found against the defendant upon that plea, and the court held the evidence sufficient to support a verdict of guilty of an assault with a deadly weapon, the appellate court is not justified in disturbing the verdict for lack of evidence.</p> <p>Id.—Axe in Hand of Prosecuting Witness—Intention—Appearance to Defendant — Harmless Evidence. — Where the prosecuting witness, when shot at, had, an axe in his hand his actual intentions as to the use of the axe are immaterial, the only question at issue being how did the axe appear to the defendant as a reasonable man, and evidence as to the prior statement of the prosecuting witness out of the hearing of defendant, that he was going to cut down a fence ejected upon his land by the defendant, is immaterial and harmless evidence, especially where the law to the effect that it was not the matter of fact, but the matter of appearance, which measured defendant’s right of self-defense, was fully and fairly stated to the jury by the court.</p>