People v. Dinkins

In People v. Dinkins (1966) 242 Cal.App.2d 892, Division Three of the Second District rejected a claim of self-defense in another case with conflicting testimony. (Id. at p. 904.) The victim testified that he arrived at the home of his wife, with whom he was going through a divorce, and saw her "embracing and kissing" the defendant. (Id. at pp. 896-897.) According to the victim's testimony, the defendant ran out of the home, quickly returned with a gun, and shot the victim. (Id. at p. 897.) The victim's wife testified that she was not touching the defendant at all and when the victim entered the home, he ordered the defendant to leave, kicked the defendant, and picked up a knife, at which point the defendant shot him in self-defense. (Id. at p. 898.) In light of this conflicting testimony, the trier of fact in that case, "in performance of its function of determining the credibility of the witnesses . . . , was free to reject the claim of self-defense . . . ." (Id. at p. 904.)