People v. Lewis

124 Cal. 551, 57 P. 470 (1899)

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Nature of the Case

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Facts

Lewis (D) inflicted a mortal gunshot wound upon his brother-in-law, Farrell. Experts testified that the wound would have caused death within one hour. Prior to the death, Farrell slit his throat and died immediately thereafter. At D's trial, an instruction was refused that declared if a juror believed from the evidence that it was impossible to tell whether Farrell died from his slit throat or the wound in the abdomen, there must be an acquittal. D was convicted and appealed.