People v. Smith

The prosecution proved by the testimony of Dr. Tooley that he made a post-mortem examination of the body of Jack Lett; that he found a gunshot wound on his left side, at the third rib; that he found the pistol ball under the skin near the lower point of the right shoulder blade; that he probed the wound and found that the course of the ball was direct, and that the ball had not been deflected from its course. The defendant admitted the killing, but justified on the ground of self-defense. His statements, so far as necessary to be given here, are, that a certain time in the rencounter, while he was going toward his home, he passed near the place where Dave Lett’s rifle was lying, when Jack Lett, who had his own rifle cocked and bearing on the defendant, told the defendant not to touch Dave Lett’s gun, to which the defendant replied that he did not want the gun, and told Jack Lett to let down the hammer of his gun, when Jack Lett said, with an oath, “I will let you down”; that he, the defendant, instantly seized the rifle by the muzzle and turned it one side, when it was *61 discharged; that Jack Lett then reached down to seize Dave Lett’s rifle, still holding his own with one hand,…