People v. Kilvington

Citations

• 4 Cal. Unrep. 512
• 36 P. 13
• 1894 Cal. LEXIS 1287

Syllabus

<p>Indictment—Correction.—Where It is Apparent That a Defendant has had a fair and full examination before an examining magistrate, and has been held to appear and answer on a criminal charge, and an information against him has been set aside for some technical error or irregularity, not going to the merits-^sueh as failure to certify the depositions in a homicide case—the court may permit a correction to be made, and a new information filed, without a further examination before a committing magistrate.* 1</p> <p>Homicide—Evidence.—In a Homicide Case Where Defendant, a police officer, shot at—intending to frighten—deceased, who was running away from a person who was shouting “Stop thief!” the admission of evidence that deceased had gone to the place for a lawful purpose, though improper, is harmless, the real question being whether defendant acted with criminal negligence.</p> <p>Homicide—Evidence—Impeachment.—On a prosecution of a police officer for killing deceased, who was being pursued by a person shouting “Stop thief!” such person, having testified for defendant, may be impeached by evidence that, a few days before, he had a quarrel with deceased, he having testified that he never saw him before the time of the shooting.</p> <p>Homicide—Shooting by Police Officer.—On a Prosecution of a police officer for shooting deceased, who was running from a person who was shouting “Stop thief!” defendant having testified that he intended to shoot over Mm, an instruction that act and evil intent must combine to constitute crime is properly refused, the question being whether there was criminal negligence.</p> <p>Homicide—Shooting Through Negligence.—Where one shoots a person through criminal negligence, his ignorance of the law can form no basis for acquittal.</p> <p>Homicide—Shooting by Police Officer.—The Fact That the Person whom defendant (a police officer) shot was being pursued by a person shouting “Stop thief!” did not raise an implication that a felony had been comm