Trapp v. Territory of New Mexico

Citations

• 225 F. 968
• 141 C.C.A. 28
• 1915 U.S. App. LEXIS 2158

Syllabus

<p>1. Homicide @=>190—Evidence—Uncommunicated Threats.</p> <p>Evidence of uncommunicated threats of deceased against defendant’s father, in whose defense he claims to have acted, is admissible as bearing on the probability of who was the aggressor; the evidence as to who fired the first shot, or made the first assault, being in conflict.</p> <p>[Ed. Note.—Por other cases, see Homicide, Cent. Dig. §§ 399-413; Dec. Dig. <@=>190.]</p> <p>2. Homicide <@=>300—Sele-Deeense—Point of View of Jury—Instructions.</p> <p>Defendant in homicide, claiming self-defense or defense of his father, is entitled to an instruction that in considering his guilt the jury should place themselves as nearly as possible in his situation at the time, and then consider and decide; from that station, whether or not the testimony established beyond a reasonable doubt that he did not believe, or did not have reasonable ground to believe, that deceased was about to kill or inflict great bodily injury on one of them; and it is not enough to instruct merely to acquit if Hie jury have reasonable doubt as to defendant having had a reasonable ground to apprehend design of deceased to so do</p> <p><gmoFor other oases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>FKd. Note.—For other cases, see Homicide, Cent. Dig. §§ 614, 616-620, 622-630; Doc. Dig. <J=>300.]</p> <p>3. HoAf.oiDE <3=3174—Evidence—Fijght.</p> <p>The killing being admitted and established, and the only question being whether it was justified, evidence of his flight is irrelevant.</p> <p>1 Ed. Note.—For other cases, see Homicide, Cent. Dig. §§ 359-371; Dec. Dig. <3=3174.]</p> <p>4. OnruiWAii Daw <3=>351—Evidence—Fuight.</p> <p>It is only a flight to avoid arrest on a charge of a crime that is evidence of the identity of the person charged with being the perpetrator, when that question is in doubt, and not flight shown, to be for another purpose.</p> <p>[Ed. Note.—For other cuses, see Criminal I jaw, Cent. Dig. §§ 776