[Download] "State v. Fine" by Supreme Court of Montana * Book PDF Kindle ePub Free

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eBook details

• Title: State v. Fine
• Author : Supreme Court of Montana
• Release Date : January 18, 1931
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Criminal Law ? Homicide ? Self-defense ? Defense not Supported by Record ? Motive ? Evidence Admissible. Criminal Law ? Matters Admissible in Evidence to Show Motive. 1. Whatever fact tends legitimately and fairly, according to the ordinary operation of the human mind and the ordinary principle of human conduct, to show motive may properly be given in evidence in proof of any assumed motive for the commission of crime. Homicide ? Self-defense ? Evidence Showing Intimate Friendship of Defendant With Wife of Deceased Admissible to Show Motive. 2. Testimony that defendant in a prosecution for homicide whose plea was self-defense, had for five years maintained an intimate friendship with the wife contrary to the latters strong opposition and warnings, held admissible to show a motive other than self-defense, to-wit: To kill, prompted by jealousy or the desire to possess the object of his affections. Same ? Self-defense ? Facts Justifying Fears of Defendant ? Question for Jury. 3. Where self-defense is pleaded to a charge of homicide the question whether the circumstances attending it were such as to justify defendants fears, as a reasonable person, in the belief that he was in imminent danger of losing his life or suffering great bodily harm at the hands of deceased, is one of fact for the jury. - Page 312 Same ? Self-defense ? What Insufficient to Justify Killing ? When One Assaulted may Act upon Appearances of Danger. 4. To justify the killing of a human being in self-defense, the bare fear of an assault is not sufficient, even though the assailant be of greatly superior physical strength; the fear must be that of a reasonable person under like circumstances, and the one assaulted must act under the influence of such fear alone; and while he may act upon appearances of danger, the appearances must be such as would lead a reasonable person to believe that he was in danger of great bodily harm. Same ? Self-defense ? Case at Bar ? Insufficiency of Evidence. 5. Evidence in a homicide case, showing that defendant, who as a reasonable man must have realized that his long continued attentions to the wife of decedent, despite the latters strong opposition, would ultimately precipitate a conflict with the husband, armed himself when going on an errand which would take him near the home of deceased, and seeing him come across the street with the evident intention of intercepting defendant, told him to stop, decedent answering with a vile name stating that he would not stop, whereupon defendant pulled his pistol, not, however, pointing it at deceased but, waiting until the latter was within a few steps, shot him through the jugular vein, held sufficient, in connection with other circumstances surrounding the movements of the two immediately prior and after the shot was fired, to warrant the jury in disbelieving that defendant acted in necessary self-defense.

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