People v. Tomlins - 213 N.Y. 240, 107 N.E. 496 (1914)

Rule:

It is the defendant's right to have the question of his guilt determined by the verdict of a jury rather than by the judgment of the court.

Facts:

Defendant, Newton Tomlins, shot and killed his son, a young man of twenty-two. On the trial, defendant maintained that he had acted without premeditation when blinded by passion because of blows and insults. He also maintained that he had acted justifiably, in lawful self-defense, in his own house. The defendant was convicted of murder in the first degree and was sustained by ample proof. Defendant appealed his conviction. 

Issue:

Was the defendant guilty of murder?

Answer:

No. The Court reversed the judgment of conviction and ordered a new trial.

Conclusion:

The court stated that there was ample evidence to support the jury's verdict of first-degree murder. However, the court considered whether the instruction given to the jury on self-defense was proper. The trial court instructed that there was a duty to retreat if possible before resorting to force. But the court held that the instructions were erroneous as applied to the case because it was not the law that a man was required to retreat in his own dwelling. If assailed there, he may stand his ground, and resist the attack. Because, in effect, the issue of self-defense was not submitted to the jury, the defendant's conviction was reversed.