People v. Forsythe

California Supreme Court Mar 13, 1884 No. No. 10,927Published

Before: Sharpstein

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Holding. The court affirmed the defendant's conviction for manslaughter, holding that the evidence was sufficient to support the verdict and that the trial court did not err in its evidentiary rulings or jury instructions. The court further held that the burden of proving justification or excuse for a homicide rests with the defendant when the prosecution's evidence does not support such claims.

Issues

Whether the evidence was sufficient to support the verdict of manslaughter despite the defendant's claim of self-defense.
Whether the trial court erred in limiting the cross-examination of a prosecution witness regarding the deceased's character and prior threats.
Whether the trial court erred in instructing the jury regarding the defendant's flight.
Whether it was error for the district attorney to read from a prior court opinion during closing argument.

Disposition. affirmed

Quotations verified verbatim against the opinion

“If the defendant introduced evidence which tended to prove that the homicide was justifiable or excusable, it simply raised a conflict for the jury to determine, subject only to the power of the court below to grant a new trial.”

“Under such circumstances we cannot, on the ground of insufficiency of the evidence to justify the verdict, disturb the order denying the motion for a new trial.”

“Judgment and order affirmed.”

Synopsis

CitnmrAi, Law—Appeal—Conflicting- Evidence.—Where the evidence is conflicting, the appellate court will not disturb an order refusing a new trial.

Id.—Practice—Evidence.—Upon cross-examination of a witness for the prosecution on an indictment for murder, it is not error for the court to sustain an objection to questions regarding the desperate character of the deceased, andas to what the witness had told the defendant of threats made by deceased against defendant some time before the homicide, where such matters had not been inquired into on the direct examination.

Id.—Instbtjotions—Plight of Peeson Accused of Cbihe.—The court instructed the j ury that “ the flight of a person immediately after.the commission of a crime, or after a crime is committed with which he is charged, is a circumstance in establishing his guilt, not sufflcient of itself to establish his guilt, but a circumstance which the jury may consider in determining the probabilities for or against him, the probability of his guilt or innocence. The weight to which that circumstance is entitled is a matter for the jury to determine in connection with all the facts called out in the case.” There was evidence tending to prove that the defendant was absent from home soon after the homicide, and that about three weeks afterwards he was arrested in another county. The defendant admitted the killing, but claimed that it was done in self-defense. Held, that the instruction was not erroneous as assuming the guilt or flight of the defendant.

Id.—Pbaotice—Beading Oases to the Juey.—It is not error to permit the district attorney to read, during his argument before the jury, portions of an opinion of the Supreme Court, but such a practice is not commendable.

Sharpstein, J. Although the defendant pleaded not guilty to the charge of murder, he did not attempt on the trial to controvert the fact that he actually killed the deceased. He endeavored then to prove that the homicide was committed in self-defense, and justifiable. He now claims that this was so clearly proven as to justify this court in reversing the judgment on the ground that the verdict of the jury, which was guilty of manslaughter, was not justified by the evidence. One witness testified to having seen the defendant approach deceased from behind and strike him on the head with a club. Another who was near the scene of the homicide testified that he heard a noise which sounded to him like a blow, that he looked in the direction from which the noise came and saw the deceased falling. Two other witnesses testified that they, too, heard the blow and saw the deceased fall, and that they heard the defendant say that he intended to kill the deceased. These witnesses testify to having been within a few feet of the scene of the homicide when it was committed. Another witness—a physician—testified that he [103]was requested by defendant to examine the deceased, and ascertain how badly he was hurt; and that he, witness, at that time, asked defendant why he had done it, and that the latter replied “ damn him, he sassed me:” The fact that the death of deceased was caused by a blow struck by defendant with a club is not controverted. And we have referred to the testimony of these witnesses for the purpose of showing that none of them saw deceased do or say anything to defendant at the time of, or immediately preceding, the striking of the mortal blow which would justify or excuse it. The evidence of these witnesses tended to prove that deceased was quietly walking away from the barn where the defendant was employed, when the latter approached him from behind and dealt the mortal blow. We cannot say that the jury might not have fairly inferred from the evidence of the prosecution that deceased was wholly unconscious of the fact of defendant’s being on the premises while he, deceased, was there. There is no evidence that he saw defendant or inquired for him. He sought the proprietor of the barn, and was killed while in the act of leaving the premises, in a perfectly peaceable manner, according to the testimony of eye witnesses.

“Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.” (Pen. Code, § 1105.)

People v. Forsythe

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