People v. Adams

Beatty, C. J. The defendant was charged with murder and convicted of manslaughter. In support of his appeal, he assigns error upon various rulings of the court in the admission of testimony, and in the giving and refusing of instructions to the jury.

To a proper understanding of these exceptions a brief statement of the case is necessary.

The defendant at the date of the homicide was a constable. The deceased, John Collins, and one Clarke had been engaged in a quarrel and fight, in which Collins was worsted. Collins left the saloon where the fight occurred, went to his home, armed himself with a pistol, [233]and, returning to the saloon, approached Clarke from behind 'and fired one shot at him. The shot failed to take effect, owing to the interference of one Boyle, who struck the pistol aside at the moment of firing, and who immediately disarmed Collins.

The defendant testified that his attention was attracted by the noise in the saloon; that he saw Collins go to his house, and return to the saloon with his pistol, and that he heard the shot; that he took his own pistol and hurried to the saloon, under the impression that Collins had shot some one, and for the purpose of arresting him. In the saloon he found Clarke, Collins, and others, who, after some talk, took a drink together, whereupon Collins started to leave. Defendant followed him outside, took hold of him, and told him he was his prisoner.

There is a conflict of evidence as to what ensued. According to the testimony of the prosecutioxx, the defendant shot Collins without excuse or provocation. But the defendant introduced evidence which, if true, showed that Collins was a quarrelsome and dangerous man when driixkixrg; that he had been drinking oxx this occasion; that on previous occasions he, defendant, had been compelled to threaten Collins with arrest for disturbing the peace; that Collins had declared he never should arrest him alive, and had made other threats which had been communicated to defendant. And the defendant testified that he did not know that Collins had been disarmed, but believed that he still had the pistol with -which he had just assaulted Clarke, and would use it if he had the opportunity. To quote his own wox’ds: “His right hand, when I shot, was in a position where he could have drawn his pistol. I thought, at the time of firing, that if I did not kill Collins or disable hixn he would kill me. I had no grudge against him.”