People v. Spencer

In People v. Spencer (1969) 71 Cal.2d 933, the killer and the deceased had been in a lesbian relationship. (People v. Spencer, supra, at p. 935.) The California Supreme Court determined that the defendant's "claim of self-defense in the instant case raises a question of fact with respect to the deceased's conduct on May 5, i.e., whether or not she was the aggressor, and therefore the victim's statement is admissible 'to prove or explain her acts or conduct.' (Evid. Code, 1250, subd. (a)(2).)" (Id. at p. 946.) The court explained: "Reasonably interpreted, the deceased's statement that 'I might get killed over it . . .' expresses her fear that defendant might become violent once the deceased broke up with her. From this fear it could be inferred that the deceased was not the aggressor and that in fact defendant attacked the deceased. As we said in People v. Lew, supra, 68 Cal.2d at page 779 . . . , 'Or had defendant claimed self-defense, he would have placed . . . the victim's state of mind at issue since a claim of self-defense requires the trier of fact to find that the other party was the aggressor, the prosecution, through rebuttal testimony, could have shown that the victim was apprehensive and not likely to be aggressive. Her fear would then have been a factor properly before the factfinder in its deliberations on the defendant's claim of self-defense.'" (Id. at pp. 945-946.)