Quimbee logo
DMCA.com Protection Status

People v. Kilvington

104 Cal. 86 (1894)
From our private database of 18,800+ case briefs...

People v. Kilvington

California Supreme Court
104 Cal. 86 (1894)

Facts

William Howard was walking past a house at night and saw Henry Schmidt run out of the backyard. Howard assumed that Schmidt was a criminal who was fleeing the house and began chasing after Schmidt yelling “Stop thief!” Schmidt did not stop, and Howard continued to chase and yell after him. George Kilvington (defendant) was a police officer and night watchman in that part of town. Kilvington heard the commotion and saw Schmidt running toward him with Howard in pursuit yelling “Stop thief!” Kilvington ordered Schmidt to stop multiple times. Schmidt failed to do so but threw up his hands as he continued to run. Kilvington thought he saw something in Schmidt’s hands. Kilvington drew his gun and fired it toward Schmidt, intending to intimidate him into stopping but not to wound or kill him. Schmidt was struck and killed by the shot. Kilvington was charged with murder, convicted of manslaughter, and appealed.

Rule of Law

Issue

Holding and Reasoning (DeHaven, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 498,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial

Here's why 498,000 law students have relied on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 18,800 briefs - keyed to 985 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Top-notch customer support.