People v. Lee

Citations

• 2 Cal. Unrep. 569
• 8 P. 685
• 1885 Cal. LEXIS 843

Syllabus

<p>Criminal Trial—Continuance for Absence of Witnesses.—It is error, in a criminal trial, to refuse the defendant a continuance, asked for on the ground of absence of witnesses from the county, where, from the uncontradicted affidavit of the defendant, it appears that such witnesses were regularly' subpoenaed; that the facts which defendant expected to prove by them, and which are stated in the affidavit, are material to the defense; that he could not prove the same facts by any other witnesses; and that he expected to be able to procure their attendance, if the trial was postponed.1</p> <p>Criminal Trial—Self-defense.—To Establish Plea of Self-defense, and entitle defendant to acquittal, it is not necessary that the fact of danger to life and limb should be shown by the evidence beyond a reasonable doubt, and to charge the jury that such proof is necessary is error.</p> <p>Criminal Trial—Evidence of Character of Defendant.—In a criminal case the jury must take evidence of character into consideration for the purpose of determining whether it creates a reasonable doubt of guilt, and the consideration of such evidence by the jury is not confined to eases where the guilt of the accused is doubtful.</p>