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People v. Samsels

THE PEOPLE v. WILLIS SAMSELS

People v. Samsels, 4 P. 1061 (Cal. 1884)
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Court
California Supreme Court · State Highest Courts
Decided
November 14, 1884
Docket
No. 11,000
Judges
Myrick
Citations
4 P. 106166 Cal. 991884 Cal. LEXIS 698
Cited by 9
Syllabus
Criminal Law—Qualification of Jurors—New Trial—Arrest of Judgment.—An objection to the competency of a juror, taken for the first time after verdict rendered, cannot be availed of on motion for a new trial, nor on motion in arrest of judgment. Id.—Instruction—Justifiable Homicide—Hear.—An instruction by the court, at the request of the prosecution in a trial for the crime of murder, that the bare fear of an assault upon the defendant will not justify homicide, uor the fear that the deceased was about to commit a felony, unless the defendant believed there was imminent danger, held, not erroneous. Id.— Charge of Court.— The charge of the court to the jury, given of its own motion, need not be marked by the judge ; it is sufficient if it appear that the charge was given. Id.—Instructions — Murder—Manslaughter — Malice. — The court instructed the jury that the distinction between murder and manslaughter lies in the presence or absence of malice ; that the existence of malice, like any other fact, may be logically inferred by the jury from all the facts and circumstances of the case, legally proved, the weapon used, the action of the defendant at the time of the occurrence, and his previous acts and conduct. Held, not error. Id.— Character.— It is not error to instruct the jury that if they believe the defendant guilty of the offense charged, they should so find, notwithstanding his good character.
Summary
Appeal from a judgment of the Superior Court of Santa Barbara County, and from an order refusing a new trial. The facts are stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Myrick

Text extracted by OCR from a scanned original; check the original for exact wording.

Myrick, J.

-The defendant was informed against for the crime of murder, and was convicted of murder in the second degree.

1. —Two persons, being examined as to qualifications to serve as jurors, answered that they were assessed upon the last assessment roll of the county. After the verdict, the defendant caused the index of the assessment roll to be examined, and not finding the name of either of the persons, moved for a new trial, and in arrest of judgment. People v. Fair, 43 Cal. 137 , is directly in point, and adverse to the appellant.

2. —The court instructed the jury, at the request of the prosecution, that the “ bare fear of an assault upon the defendant will not justify homicide, nor the fear that deceased was about to commit a felony, unless defendant believed there was imminent danger thereof.” This instruction was more favorable to. the defendant than he was entitled.to, as it omitted the element of the reasonableness of the belief.

3. —The statute does not require that the charge of the court, given of its own motion, should be marked by the judge; it is sufficient if it appear that the charge was given, which does appear in this case.

4. —The court instructed the jury: “ The distinction between *101 murder and manslaughter lies in the presence or absence of malice. The existence of malice, like any other fact, may be logically inferred by the jury from all the facts and circumstances of the case, legally proved, the weapon used, the action of the defendant at the time of the occurrence, and his previous acts and conduct.”

We fail to see any error in this instruction. The same may be said as to the instruction regarding character, viz : “ If you should believe the defendant guilty, you must so find, notwithstanding his good character.”

We see no error.

Judgment and order affirmed.

Sharpstein, J., and Thornton, J., concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

View all citing references →
1887: 11904: 11908: 11927: 11932: 11942: 11949: 21959: 118872026peak 1949 · 2

Relies on it most ⓘ

  1. People v. Galloway259 P. 332 (Cal. 1927)
  2. State v. Coleman98 N.W. 175 (S.D. 1904)
  3. People v. Duncan96 P. 414 (Cal. Ct. App. 1908)
  4. People v. Vaiz131 P.2d 407 (Cal. Ct. App. 1942)
  5. Pueblo v. Fraticelli70 P.R. Dec. 308 (1949)
  6. People v. Miller14 P.2d 342 (Cal. Ct. App. 1932)

Most recent

  1. People v. Franks176 Cal. App. 2d 386 (1959)
  2. People v. Fraticelli70 P.R. 288 (1949)
  3. Pueblo v. Fraticelli70 P.R. Dec. 308 (1949)
  4. People v. Vaiz131 P.2d 407 (Cal. Ct. App. 1942)
  5. People v. Miller14 P.2d 342 (Cal. Ct. App. 1932)
  6. People v. Galloway259 P. 332 (Cal. 1927)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
People v. Fair, 43 Cal. 137 (1872) 47

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