People v. Lombard

Ok trial for murder, it was shown that deceased had threatened, two or three days before and on the evening before the killing, to take the life of defendant, and that these threats were communicated to him previous to the killing; and that, about 7 o’clock in the morning, deceased was crossing a street from a barber shop, with a bundle of clothes in his hands, and apparently without any weapon, when defendant came rapidly up the street, and said to deceased: “Defend yourself,” etc., at the same time shooting him with a pistol, when

deceased fell and in a few moments died : Held, that under the circumstances— it not appearing that the threats of deceased were followed by any overt acts— the mere apprehension of danger was insufficient to justify the killing.

On trial for murder, evidence of the character of the deceased is admissible only where the immediate circumstances of the killing render it doubtful whether the act was justifiable or not.

On trial for murder, a witness stated that deceased bad threatened to kill defendant on sight, and that she, witness, had told defendant of these threats before the killing, and defendant’s counsel having asked witness if she knew the reason why deceased intended to kill defendant, and the witness having answered “ Yes,” then asked witness “ What that reason was ?” Defendant’s counsel then asked witness if she knew whether or not deceased about the time of these threats shot at any other person for the same reason; and further, what deceased was doing at the time of these threats : Held, that this evidence was irrelevant and properly ruled out.