Rufus Wheeler Peckham

“ The jury might reject the theory of self-defense, as they might say the shot from the pistol of the deceased had already been fired, and the plaintiff in error had not been harmed, and, therefore, firing back was unnecessary, and was not an act of self-defense. But why should the other issue be taken from the jury, and they not be permitted to pass upon it as upon a question of fact?
It seems to us quite plain that an assault upon another by means of firing a pistol at him is naturally calculated to excite some kind of passion in the one upon whom such an assault is made. ”

“ Malice in connection with the crime of killing is but another name for a certain condition of a man's heart or mind; and as no one can look into the heart or mind of another, the only way to decide upon its condition at the time of a killing is to infer it from the surrounding facts, and that inference is one of fact, for a jury. The presence or absence of this malice or mental condition marks the boundary which separates the two crimes of murder and manslaughter. ”

“ The evidence might appear to the court to be simply overwhelming to show that the killing was in fact murder, and not manslaughter, or an act performed in self-defense, and yet, so long as there was some evidence relevant to the issue of manslaughter, the credibility and force of such evidence must be for the jury, and cannot be matter of law for the decision of the court. ”