Maestas v. People

While Addis was in the hospital, his dying declaration was taken, and was offered and admitted in evidence. Defendant was apprehended at La Veta the next day; the automatic pistol was found concealed on him; he admitted the shooting, but claimed that it was done in self-defense. He testified that after the struggle with Addis had ceased and he was leaving the scene, Addis called to him, and when he returned to Addis, Addis attempted to strike him with a car crank or some other similar instrument; that he retreated but that Addis persisted in the attempt to injure or kill him; that he fired three shots to scare Addis, but when this proved ineffectual, he shot Addis because he believed his life was endangered and that the shooting was absolutely necessary for his own protection. There was evidence that Addis had no instrument of any kind, and no such instrument as described by defendant was found in or near the car. Defendant is an ex-convict, illiterate, and was addicted to the use of intoxicating liquors, some of which he had imbibed the evening of the murder.