People v. Milgate

Citations

• 5 Cal. 127

Syllabus

<p>Proof beyontta reasonable doubt is necessary to establish a fact against a prisoner; but preponderating proof, proof necessary to satisfy a jury of a feet, is sulB.ient to establish a fact in his favor.</p> <p>It is not sufficient to raise a doubt, even though it be a reasonable doubt of the fact of extenuation, simply because it is no proof of the fact.</p> <p>The general doctrine appears to be, that if a jury should find the fact, that the prison':!' made a felonious assault upon ilie deceased with an unlawful weapon, inflicting a mortal wound, which produced instant death, and that there was some evidence tending to prove that such wound was given in the heat of blood, in sudden and mutual combat, but that the proof of such fact did not preponderate over the proof against it, though it raised some donut in tlieii minds that the matter of extenuation would not lie sufficiently made out, the judgmeut of the Court would be against the prisoner lor the higher offense.</p> <p>Evidence of character can only bo considered in reference to the whole case, not to any isolaied fact.</p> <p>No inference can be drawn by a jury of the intention which induced the commission of the offense, from the previous cha'-acter of the prisoner. His intention can only be determined by his acts; the law will imply a malicious intention.</p>