People v. Tillman

Michigan Supreme Court

People v. Tillman

92 N.W. 499, 132 Mich. 23, 1902 Mich. LEXIS 541

CourtMichigan Supreme Court

DecidedDecember 16, 1902

DocketDocket No. 218

StatusPublished

Cited by7 cases

This text of 92 N.W. 499 (People v. Tillman) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Tillman, 92 N.W. 499, 132 Mich. 23, 1902 Mich. LEXIS 541 (Mich. 1902).

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Opinion

Grant, J.

(after stating the facts). We think the court erred in this instruction. The affray took place in the respondent’s store. He claimed that he acted in self-defense. The complaining witness admitted that he was under the influence of liquor when both altercations occurred. Previous assaults, the conduct and threats of the complaining witness, were competent for.the jury to consider in determining the state of mind of the defendant and the character of his acts. The respondent was justified in acting in view of the surrounding circumstances as they appeared to him at the time. If the complaining witness had made a previous assault upon him for the same cause on the day before, and his attitude and conduct were such as to justify a belief that he was in the act of commencing another assault upon him, the law did not require him to wait until an actual assault had been made. Galbraith v. Fleming, 60 Mich. 403 (27 N. W. 581).

Conviction reversed, and new trial ordered.'

The other Justices concurred.

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Grant, J.

(after stating the facts). We think the court erred in this instruction. The affray took place in the respondent’s store. He claimed that he acted in self-defense. The complaining witness admitted that he was under the influence of liquor when both altercations occurred. Previous assaults, the conduct and threats of the complaining witness, were competent for.the jury to consider in determining the state of mind of the defendant and the character of his acts. The respondent was justified in acting in view of the surrounding circumstances as they appeared to him at the time. If the complaining witness had made a previous assault upon him for the same cause on the day before, and his attitude and conduct were such as to justify a belief that he was in the act of commencing another assault upon him, the law did not require him to wait until an actual assault had been made. Galbraith v. Fleming, 60 Mich. 403 (27 N. W. 581).

Conviction reversed, and new trial ordered.'

The other Justices concurred.

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Bluebook (online)

92 N.W. 499, 132 Mich. 23, 1902 Mich. LEXIS 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tillman-mich-1902.

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