Smith v. United States

Citations

• 161 U.S. 85
• 16 S. Ct. 483
• 40 L. Ed. 626
• 1896 U.S. LEXIS 2140

Syllabus

<p>Upon a trial for murder, where the question is whether the killing was in self-defence, evidence that the deceased was a larger and more powerful man than the defendant, as well as evidence that the deceased had the general reputation of being a quarrelsome and dangerous man,' is competent evidence for the defendant.</p> <p>Upon the question whether a homicide was committed in self-defence, witnesses called by the defendant testified that the deceased had the general reputation of being a man of a quarrelsome and dangerous character; and being asked on cross-examination whether they had ever been arrested for anything, it appeared that one of them had been arrested, convicted and imprisoned for selling whiskey, and others had been arrested, but not convicted, for various offences. The judge instructed the jury that reputation was the reflection of character, and, in order to be entitled to consideration, must come from a pure source, and be the reflection of honest and conscientious men, who have character themselves; that, if a man is without character himself, his action characterized- by crime, his conscience seared by criminal conduct, he is incompetent to know what character is; and that if it was the reflection of keepers of gambling hells, and'violators of law, and prison convicts, the jury should cast it aside as so much worthless matter. Held, that the defendant, having excepted to this instruction, and been convicted of murder, was entitled to a new trial.</p>