State v. Yokum

Citations

• 11 S.D. 544
• 79 N.W. 835
• 1899 S.D. LEXIS 47

Syllabus

<p>1. Evidence that deceased was accustomed to carrying firearms is not admissible, except to characterize an assault by him on accused at or about the time of the homicide.</p> <p>2. A ruling rejecting evidence is not rendered erroneous by the fact that other evidence is afterwards introduced, which renders that rejected admissible. There must be a new offer.</p> <p>3. Accused testified, on a question of self-defense, that onetime, when walking with deceased, the latter said that he would shoot a man rather than let the latter “get the best of him.” A question as to what then occurred was barred. Held, that there was no error, there having been no offer showing that material facts would have been elicited had the question been answered.</p> <p>4. What deceased said months prior to the homicide in regard to his carrying firearms is not admissible on a question of self-defense.</p> <p>5. A charge that, when the killing is admitted, the burden of proving that it was justifiable devolves on accused, does not require that the justification be established beyond a reasonable donbt.</p> <p>6. Comp. Laws, § 7402, provides that, when the homicide is proved, the burden of proving justification devolves on defendant, unless the state’s evidence tends to show that the crime amounts only to manslaughter or was justifiable. Held that, where the facts mentioned in the exception do not exist, justification must be established by accused by a preponderance of evidence and it is not enough that the proof raise a reasonable doubt as to the, defense.</p>