People v. Milner

Citations

• 122 Cal. 171
• 54 P. 833
• 1898 Cal. LEXIS 552

Syllabus

<p>Criminal Daw—Manslaughter—Self-defense—Support of Verdict — Presumption — Burden of Proof.—The evidence reviewed, and held to indicate a case of self-defense, without sub- ’ stantial conflict, and to be insufficient to support a verdict of manslaughter, were it not for the presumption of guilt arising from proof of the homicide, which presumption authorized the jury to determine the sufficiency of the evidence for the defendant to overcome that presumption, under the burden of proof devolving upon him, and prevents the setting aside of the verdict for the lack of legally sufficient evidence to support it. '</p> <p>Id.—Direction of Gunshot Wound—Position of Parties—Expert Evidence.—The question whether the direction of a gunshot wound in the body of the deceased indicated the position of the person firing the shot above or below the person receiving it, is not matter of expert or opinion evidence; and it is error to allow a physician to testify to his opinion upon that question.</p> <p>Id.—View of Premises by Jury—Witness Naming Localities— Evidence out of Court.—Upon a view of the scene of the homicide by the jury, it is not an erroneous receiving of evidence out of court to permit a witness, who has testified as fully as possible in court, to point out and name to the jury the various localities referred to in his testimony, and described in the order of view.</p> <p>Id.—Places Pointed Out by Defendant to Coroner’s Jury.—The view may extend to places in which any material fact occurred; and the court may order places to be pointed out to the trial jury which were discovered by the coroner’s jury, or pointed out to them by the defendant, as described in the testimony of the witness indicating them to the trial jury.</p>