People v. Lillard

Criminal Law—Murder—Conviction of Manslaughter—Killing of Fleeing Felon—Criminal Negligence not Established—Verdict Unsupported—Reversal.—'Upon a prosecution for murder, where the defendant was convicted of manslaughter and the evidence establishes without conflict that the deceased had committed a felony and was fleeing from the pursuit of citizens with a view to apprehend, him, of whom defendant was one, who commanded him to halt, which he refused to do, whereupon defendant fired the fatal shot, it is held that the evidence wholly fails to establish any criminal negligence on defendant’s part, which must be proved beyond a reasonable doubt, to warrant the verdict, that there is no evidence warranting the conviction, and that the judgment must be reversed.

Id.—Justifiable Homicide.—Under section 197 of the Penal Code, homicide is justifiable when necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; and the general rule is that even a private person is justified in killing a fleeing felon who cannot otherwise be taken if he can prove that the person is actually guilty of a felony.