People v. Honshell

Citations

• 10 Cal. 83
• 1858 Cal. LEXIS 192

Syllabus

<p>Affidavits in support of a motion in the Court below, will not be considered by this Court, unless they are incorporated in the statement or bill of exceptions.</p> <p>The defendant being on trial for the crime of manslaughter, in killing John M. Vance, (who had entered upon the premises of defendant, and commenced the erection of a house thereon, and in the attempt of defendant to remove Vance a fight ensued, in which Vance was killed,) offered to introduce in evidence a deed of the land from one Crostly to defendant and his partner, and also to prove that Crostly had possession of the land eight months prior to date of the deed, and that defendant went into possession under the deed, and bad held possession eight months previous to Vance’s entry : Held, that such proof was not admissible.</p> <p>Defendant had no lawful right to turn Vance off by force, conceding that he had the legal title to the land.</p> <p>An instruction of the Court to the jury must be adapted to the facts of the case.</p> <p>An instruction which would, in its terms, require the jury to acquit the defendant upon the ground that the deceased fired first, without any regard to the circumstances under which the shot was fired, is erroneous.</p> <p>If A go to the house of B, who has taken possession of his land and built a house thereon, for the purpose of forcibly putting him out and tearing down the house, it is an unlawful act $ and if A kills B in pursuing that purpose, it is murder or manslaughter, according to the facts of the case.</p> <p>Where the evidence showed that the prisoner went to the house of the deceased for the purpose of forcibly removing him from land claimed by the prisoner, and a fight ensued between them, which resulted in the death of the deceased : Held, that the instruction asked for on trial by the defendant, “ that if the jury believe, from the evidence, that the defendant fired the fatal shot at the time, and had reasonable cause to believe his life was in danger,