Russell

People v. Russell

Good Law
19 Cal. App. 750·1912 Cal. App. LEXIS 163·127 P. 829
Court of Appeal of CaliforniaSeptember 20, 1912Crim. No. 254.California1,296 words

Opinion

Lead Opinion

Shaw, J.

Defendant was charged by information with the crime of murder. Upon trial he was convicted of manslaughter. He appeals from the judgment and an order of court denying his motion for a new trial.

On February 12,19.12, defendant and one Ernest Besson engaged in an unfortunate controversy over the payment of one dollar due from the defendant to the latter. A fist fight followed, during which defendant used a knife upon Besson, inflicting four wounds, one of which, as found by the jury, caused his death, which occurred eight days later.

The record discloses evidence tending to prove defendant’s guilt. Indeed, we do not understand counsel to question the sufficiency of the evidence to justify the verdict, his discussion thereof being for the purpose of showing the prejudicial character of numerous alleged erroneous rulings of the court, both in giving and refusing to give certain instructions. The instructions given by the court of its own motion, including those- requested, a large part of which were given, cover some forty-two pages of typewritten matter; hence, whatever may be said as to the fairness of the court’s charge, it cannot be said the jury were not fully instructed.

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