58 Minn. 478 | Minn. | 1894
Defendant was convicted of the crime of murder in the first degree, and appeals from an order denying a new trial. The unfortunate affray, which terminated in the almost instant killing of one man, and has caused the sentence of imprisonment for life to be passed upon another, grew out of a dispute over the location of the boundary line between the farm of the deceased and that of defendant. Stating the facts, as they appeared in evidence, most favorable to defendant, they were as follows: He and a brother had dug a ditch on the land in dispute, about 12 feet long, 4 feet wide, and 6 feet deep. From the evidence on the trial it appeared that this ditch was actually upon defendant’s land, although the deceased, Michael Collins, believed it to be on his side of the line. On the day of the homicide the deceased, his two sons, Patrick and Thomas, and a hired man named Anderly, went to the ditch, which was about 20 rods from defendant’s house, for the purpose of filling it up. The defendant, returning from another farm, saw them at work. He then went to the garret of his house, obtained a double-barreled shotgun and a revolver. Passing through, his barn, he picked up a large knife used for butchering hogs, and proceeded rapidly towards the ditch. When seen by the four men, Anderly retreated behind a fence. Thomas stood still on the bank of the ditch, with a shovel in his hand. Patrick moved a few steps to the south, with a fork in his hand; while the father, Michael, holding a spade, moved a short distance to the west. While the testimony is a little confusing as
The counsel for defendant make but one assignment of error, and that as to a portion of the charge to the jury. Evidently counsel claimed, among other things, that the shooting was done in self-defense ; and on this the charge of the learned trial court was clear and explicit. The particular paragraph to which counsel excepted, and which is to be read in connection with the balance of the charge, was as follows:
“When the party has not retreated from or attempted to shun the combat, but has unnecessarily entered into it, his act is not one of self-defense. The defendant, by taking his gun, and following after the deceased, without any previous provocation, such as the law will recognize as a provocation for the use of a deadly weapon, shows conclusively that the homicide was not committed in self-defense, either real or imaginary.”
We quite agree with counsel in their proposition that when the question of self-defense is involved it is particularly important that
Even admitting that appearances warranted defendant in believing — as he testified he did believe, although there was no testimony which would justify any reasonable man in such belief — that the son Patrick was endeavoring, fork in hand, to get in his rear, we fail to see how it can be said that such appearances influenced or induced defendant to suppose that his own personal safety required that he shoot down the father, Michael, then standing quietly and silently two rods away in another direction, without weapons, save as the spade may be called one, or excused him in the slightest for such shooting. There is nothing in the Penal Code, § 192, which justifies-defendant’s conduct when arming himself, or whén he reached the scene, as his counsel seem to think. The lower court was fully warranted in charging that defendant’s acts showed conclusively that-the homicide was not committed in self-defense, real or imaginary., and that was the charge taken as a whole.
Order affirmed.
(Opinion published 59 N. W. 1101.)