People v. Hyndman

Citations

• 99 Cal. 1
• 33 P. 782
• 1893 Cal. LEXIS 607

Syllabus

<p>Criminal Law—Homicide—Mubdeb—Information—Means of Death—Deliberated and Premeditated Killinq.—Murder, as defined in section 187 of the Penal Code, as being the unlawful killing of a human being with malice aforethought, includes both degrees, and an information which charges the offense of murder in the language of that section is sufficient, and need not state the means used to procure the death, nor allege that the killing was deliberate and premeditated.</p> <p>Id.—Justifiable Homicide—Fear of Bodily Harm—Preconcerted Assault —Instructions.—Where there is evidence tending to show that the defendant was assaulted by a woman, whereupon the deceased voluntarily joined in the assault, and threw defendant upon the floor, and by being upon him prevented him from protecting himself against being beaten with a hammer by the woman, the jury should he instructed that if the defendant had reason to fear and did fear that if his life was in imminent danger, or that he was in danger of receiving great bodily harm at the hands of the woman and the deceased jointly, and acted under the influence of such fears alone, and to save his own life or to prevent his receiving great bodily harm gave the mortal cuts to the deceased, he was justified, and the jury should acquit, and it is error to refuse such instruction and to instruct the jury that 'the deceased and the woman must also have had a preconceived design, and had agreed together to assault the defendant.</p> <p>Id.—Evidence—Reconciliation—Previous Threats—Instructions.—Threats made by the defendant against the deceased previous to a reconciliation between them, may he shown in evidence, and it is proper to instruct the jury that their effect as evidence of malice depends upon whether the reconciliation on the par* of the defendant was or was not in good faith.</p> <p>Id.—Applicability op Threats—Effect of Reconciliation—Self-defense — Instructions. —The court should exercise great care to prevent misconception or misappli