People v. Jackson

Good Law
1926 Cal. App. LEXIS 193·78 Cal. App. 442·248 P. 1061
Court of Appeal of CaliforniaJune 18, 1926Docket No. 1256.California2,430 words

Opinion

Lead Opinion

York, J.

The evidence very clearly exhibits the case as one of cold-blooded murder. The evidence, as we view it, shows that the threats of the deceased were merely that if defendant laid hands upon her she would use the gun which she had drawn. That thereafter, after the defendant had left the room he returned with a gun and, as one of the witnesses puts it, fired as he jumped into the room, and followed this with another shot.

There occurred in this case the usual small discrepancies between the testimony of the witnesses. There is a direct conflict between the testimony of the defendant and some of the other witnesses as to whether he fired from the hallway or whether he fired after he entered the room, and there is á conflict in the testimony of the defendant and most of the other witnesses as to whether or not the deceased pointed her pistol in his direction immediately prior to his firing the first shot.

On an examination of the entire case we cannot consider that there has been any miscarriage of justice herein. As we view it, in the light of the facts shown in evidence, the theory of self-defense has no reasonable relation to the case. The dispute between the witnesses for the…

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