Cases Argued and Determined in the Supreme Court of Colorado Volume 54

Cases Argued and Determined in the Supreme Court of Colorado Volume 54

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...and said, 'It was a God damn good thing you got me drunk last night, or I would have gone down and cleaned out the whole God damn jpush.' Smith came home on the morning of the 18th of July (the day of the shooting) about two o.clock. He had been 1drinking. He came into my room and raised a fuss with me; 'struck me and used--(the witness repeats vile language of deceased toward him). I had a thirty-eight revolver under my pillow; I drawed the gun on him and stood back on the-opposite side of the bed until I could get down the stairway, and when I got down' the stairway, I got out and stayed out the rest of the night. Mrs. Smith wasn't there; just I and Smith." There are many assignments of error, but in as much as the case must be reversed by reason of certain prejudicial instructions given, it will not be necessary to consider other as-signments. The court over the objection of the defendant, gave instructions Nos. 10 and 21, which are so clearly erroneous and prejudicial to the rights of the defendant, and are so closely connected in their subject matter as to make it convenient to consider them together. These in full are as follows: "No. I0. That if you believe from the evidence, that the deceased, Eugene H. Smith, attempted to enter the house of Joseph E. Bailey or his mother, wherein he resided, and that at the time he attempted to enter the same he feloniously intended to assault or kill any of the inmates thereof, then you are instructed that the doctrine that every man's house is his own castle, would apply, and the defendant Joseph E. Bailey is not required under the law to retreat from the position or stand which he had taken; but upon the other hand, if you believe that the said Smith attempted to...show more

Product details

  • Paperback | 220 pages
  • 189 x 246 x 12mm | 399g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236814843
  • 9781236814845