People v. Simons

Citations

• 60 Cal. 72
• 1882 Cal. LEXIS 399

Syllabus

<p>Justifiable Homicide — Self-defense—Instructions. — The Court instructed the jury as follows: “If you believe beyond a reasonable doubt, ■ from the evidence, that the defendant killed the deceased, then, to render said killing justifiable, it must appear that defendant was wholly without fault imputable to him bylaw, in bringing about or commencing the difficulty in which the mortal wound was given.</p> <p>Held: Even if the defendant had been the assailant, if he had really and in good faith endeavored to decline any further struggle before the homicide was committed, the killing might be justifiable in self-defense.</p> <p>Id.—Id.—Conflicting Instructions.</p>