People v. Roe

In People v. Roe (1922) 189 Cal. 548, the defendant admitted she fired the shot that killed the victim. Her defense was that she killed the victim in lawful defense of the person of another. The trial court instructed on acting in lawful defense of another, and gave self-defense instruction in terms that made that defense applicable only if the slayer defended herself from the victim's attack. Although the defendant did not make a claim of self-defense, and no evidence was offered on that issue, the court gave numerous self-defense instructions. The instructions were correct statements of law, but inapplicable to any issue involved, because the defendant did not claim self-defense. Defendant's conviction was reversed.