People v. Mitchell

I dissent.

My inability to agree with the conclusion that has been reached herein by my associates arises from their ruling that defendant’s rights were not prejudiced by reason of the fact *244 that, in disregard of defendant’s request therefor, the trial court refused to give to the jury an instruction relative to the crime of manslaughter, as follows :

As is stated in the main opinion herein, testimony was given by defendant to the effect that, immediately preceding the shooting, in a conversation or ‘1 quarrel ’ ’ which he had had with the woman whom he thereafter killed, at a moment when she was in front of a cupboard, she “wheeled around with a knife in her hand and said 11 ’ll give it to you; I ’ll fix you! ’ ”; that defendant “then jumped back to the door and said ‘Don’t come over here! ’ But she kept coming. ’ ’

In the case of People v. Wilson, 29 Cal. App. 563 [ 156 Pac. 377 ], the facts were not nearly so strong in the defendant’s favor as were those in the instant case with respect to the defense of this defendant, and yet it was ruled not only that the defendant was entitled to have given to the jury an instruction by which the crime of manslaughter would be…

This appeal is from the judgment and order of the trial court denying defendant’s motion for a new trial.

The defendant, Willie B. Mitchell, met Fannie Nolden some time in 1936 at a night club in the city of Sacramento. Later they met again in the early part of the following year. Thereafter they met frequently and soon began living together as man and wife although they were never married. They both belonged to the colored race. He was less than seventeen years of age and she was twenty-five. In the summer of 1937 they moved to Oakland and took up their residence at Ninth and Center Streets in that city. Their life together was not at all times harmonious, and according to the testi *239 mony of the defendant, Fannie Nolden “ran off” on a number of occasions. Some few days prior to November 21, 1937, Fannie Nolden left the home at Ninth and Center Streets, and went to the home of Mr. and Mrs. Upshaw at 1115 Center Street, two blocks from Ninth and Center Streets. Mr. and Mrs. Upshaw were the uncle and aunt respectively of the defendant. On November 21, 1937, the defendant called two or three times at the home of his uncle and aunt, and at least on one of his earlier visits…

This appeal is from the judgment and order of the trial court denying defendant's motion for a new trial.

The defendant, Willie B. Mitchell, met Fannie Nolden some time in 1936 at a night club in the city of Sacramento. Later they met again in the early part of the following year. Thereafter they met frequently and soon began living together as man and wife although they were never married. They both belonged to the colored race. He was less than seventeen years of age and she was twenty-five. In the summer of 1937 they moved to Oakland and took up their residence at Ninth and Center Streets in that city. Their life together was not at all times harmonious, and according to the testimony of the defendant, Fannie Nolden "ran off" on a number of occasions. Some few days prior to November 21, 1937, Fannie Nolden left the home at Ninth and Center Streets, and went to the home of Mr. and Mrs. Upshaw at 1115 Center Street, two blocks from Ninth and Center Streets. Mr. and Mrs. Upshaw were the uncle and aunt respectively of the defendant. On November 21, 1937, the defendant called two or three times at the home of his uncle and aunt, and at least on one of his earlier visits…