People v. Sonier

DOOLING, J.

Defendant was convicted by a jury of a violation of Penal Code, section 245, assault with a deadly weapon. The defendant inflicted cuts on the complaining witness with a knife and at the trial relied upon self-defense as a justification. The evidence is in conflict as to which party was the aggressor but according to the evidence favorable to defendant the complaining witness attacked defendant

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with a metal footrest from a bootblack’s stand and defendant then drew his knife from his pocket and inflicted the wounds.

The trial judge sustained objections to all questions directed to defendant as to his state of mind when attacked by the complaining witness. The culminating question is illustrative of these rulings:

“Q. Mr. Sonier, were you in fear that you would receive serious bodily injury from the shoe rest if you did not take some action against the complaining witness

Í

“Mr. Berman: The same objection as before.

“The Court: Objection sustained.”

The justification of self-defense requires a double showing: that defendant was actually in fear of his life or serious bodily injury and that the conduct of the other party was such as to produce that state of mind in a reasonable person. (13 Cal.Jur. 638-639.)

It is too well settled to require extensive citation that where the state of mind of a party is in issue it is always competent for the party to testify to his own state of mind (10 Cal.Jur. 832; 8 Cal.Jur. 33) and so it has been uniformly held whenever the question has arisen that where self-defense is relied on, after prima facie proof of facts which would support a finding of reasonable cause to apprehend death or great bodily harm, the defendant is entitled to testify to his own mental reaction, and it is error not to allow bim to do so.

(State

v.

Mark Len,

108 N.J.L. 439 [158 A. 749];