Baldocchi

Defendant was convicted of the crime of murder and sentenced to imprisonment for life. He appeals from the judgment on bill of exceptions.

It is complained that the court erred in giving the following instruction: “If you believe from the evidence that at the time of the killing, the defendant could with safety to himself have avoided such killing, and that the defendant knew, or as a reasonable man could have known, that he could with perfect safety to himself and his person have avoided such killing, then if you find all these facts, the defendant cannot justify such killing on the grounds of self-defense.”

It is necessary to a right understanding and appreciation of the instruction objected to that the facts be stated. Defendant was a boarder in the house of one Gonelli -and wife. On the afternoon of the day of the homicide there were also present five other Italians, named Cinquini, Falleri, Bonturi, Pardeni and Del Debbio, all of whom, except Del Debbio and Cinquini, were witnesses at the trial and were assembled in the dining-room of Gonelli at the time of the homicide. Defendant was in an adjoining bedroom dressed, but lying on the bed. He called for a glass of water,…