State v. Cushing

Citations

• 14 Wash. 527
• 45 P. 145
• 1896 Wash. LEXIS 401

Syllabus

<p>HOMICIDE — SELF-DEFENSE — EVIDENCE — THREATS BY DECEASED — CHARACTER OP DECEASED — WITNESS — PROOF OF REPUTATION — CONSULTATION OF JURY.</p> <p>It is not incumbent upon one assailed while on his own premises outside of his dwelling-house to retreat, or consider whether a retreat can be safely made, before availing himself of the right of self defense, where he has reasonable grounds to believe, and does in good faith believe, that his assailant intends to take his life or do him great bodily harm.</p> <p>Threats made by deceased against defendant in a prosecution for murder, whether uncommunicated or made directly to defendant, are admissible upon the question whether or not deceased was the first assailant and whether or not he so acted at the time of the shooting as to induce in the mind of defendant an honest belief that deceased intended to kill him or do him great bodily harm.</p> <p>Evidence of the reputation of defendant for peace and quietude is admissible, in a prosecution for murder, on the question as to who was the aggressor in the affray in which the homicide was committed ; and defendant is entitled to have the jury charged as to the weight to be given to such evidence.</p> <p>In a prosecution for murder, the clothing worn by deceased at the time he was shot, and the gun with which the shooting was done, are admissible in evidence, and may properly be taken by the jury to their room, when they retire to consider their verdict.</p> <p>Evidence of the reputation of a witness for truth and veracity in a city five or six miles from his residence may be shown in rebuttal of evidence attacking his character in that respect, where he does business in such city and has acquired a reputation for truth and veracity therein.</p>