People v. Samsels

Citations

• 66 Cal. 99
• 4 P. 1061
• 1884 Cal. LEXIS 698

Syllabus

<p>Criminal Law—Qualification of Jurors—New Trial—Arrest of Judgment.—An objection to the competency of a juror, taken for the first time after verdict rendered, cannot be availed of on motion for a new trial, nor on motion in arrest of judgment.</p> <p>Id.—Instruction—Justifiable Homicide—Hear.—An instruction by the court, at the request of the prosecution in a trial for the crime of murder, that the bare fear of an assault upon the defendant will not justify homicide, uor the fear that the deceased was about to commit a felony, unless the defendant believed there was imminent danger, held, not erroneous.</p> <p>Id.— Charge of Court.— The charge of the court to the jury, given of its own motion, need not be marked by the judge ; it is sufficient if it appear that the charge was given.</p> <p>Id.—Instructions — Murder—Manslaughter — Malice. — The court instructed the jury that the distinction between murder and manslaughter lies in the presence or absence of malice ; that the existence of malice, like any other fact, may be logically inferred by the jury from all the facts and circumstances of the case, legally proved, the weapon used, the action of the defendant at the time of the occurrence, and his previous acts and conduct. Held, not error.</p> <p>Id.— Character.— It is not error to instruct the jury that if they believe the defendant guilty of the offense charged, they should so find, notwithstanding his good character.</p>