People v. Flahave

Citations

• 58 Cal. 249

Syllabus

<p>Instruction—Self-defense—Criminal Law.—It is error to instruct the jury in a trial for murder that in order to justify a person in killing another in self-defense, it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the deceased was absolutely necessary.</p> <p>Id. — Id.—Id.—McKinstry, J., concurring, was of the opinion that it is erroneous to instruct a jury to the effect that a homicide can never be justified on the ground of self-defense unless the person killed was the original assailant.</p> <p>Id.—Criminal Practice.—McKinstry, J., concurring, was of the opinion, that papers purporting to be instructions inserted by the clerk in the record in a criminal case, can not be considered unless authenticated by the indorsement, of the Court.</p>