People v. Hinshaw

In People v. Hinshaw (1924) 194 Cal. 1, the court stated: "There is no foundation for the assertion that by instruction the jury was practically charged that appellant 'started this fight with the premeditation beforehand to make a felonious assault.' The instruction is given in the abstract and correctly states the recognized principle of law 'that self-defense is not available as a plea to a defendant who has sought a quarrel with the design to force a deadly issue and thus, through his fraud, contrivance or fault, to create a real or apparent necessity for making a felonious assault.'" (Id. at p. 26.)