People v. Blakeley

In People v. Blakeley (2000) 23 Cal.4th 82, the defendant was charged with murder in the stabbing death of the victim. The defendant had been drinking with others at his home. An argument broke out about the quality of some methamphetamine the victim bought from the defendant. The defendant ordered the victim to leave the house. Instead, the victim who was much taller and heavier than the defendant, swung a beer bottle at the defendant but missed. The defendant smashed a bottle of beer on the victim's head, cutting his cheek. The victim threw a bottle at defendant but missed. When the victim charged at the defendant, the defendant pulled out a large knife. After a struggle, the victim was bleeding from a stab wound and died shortly thereafter. The defendant fled the scene. At trial, the testimony varied among the eyewitnesses from a deliberate stab as soon as the victim charged to a short struggle after the victim charged. The defendant testified that he drew his knife in self-defense, that when he struggled with the victim they hit the floor and the victim fell on the knife. ( Blakeley, supra, 23 Cal.4th at pp. 85-86.)