Imperial Valley press., 1924-05-27
PLAN TO CARRY
HOFFMAN CASE
SUPREME COURT
Point in Error Causes
Reversal Original
Verdict

Preparations for carrying the
final decision in the ease of d. r..
Hoffman, charged with the murder
of John A. Shafer, to the supreme
court of the state of California, are
under way, according to a statement
issued by District Attorney Ernest
Il. Ctley this morning following his
return from Los Angeles where he
has been in conference with the
attorney general.
The attorney general was conf
dent that the supreme court would
grant a hearing in the case, Mr.. Ut
ley said, although it is possible that
the new trial may be brought back
to the superior court here, he said
The decision handed down last
week by the district court Of ap-
peals at Los Angeles reversing the
decision of the superior court and
calling for retrial, came as a com
plete surprise to deputies of the
attorney general s office, District
Attorney Utley said. The decision
given by Judge Finlayson of the
court of appeals and concurred in
by Judges Works and Craig, held
that in practically all points except
that in which it was testified as
to Shafer s character the findings
of the superior court were correct.
The reversal and order for Il new
trial were based on that one point.
The paragraph i'll the testimony
objected to by the appellate court
was given by Homer Shell, cginpan
ions of Shafer at the time of the
shooting. In answer to the ques.
tion of the district attorney, Shell
testified as follows: "Jack (Shafer)
had very good reputation around
Pomona for peace and quiet; while
/ knew him | never knew him to
swear in front of a woman in any
way. He didn't use profane lang
uage, vulgar profane language at
any time that / ever knew Of. -
One Point In Error
. Holding that this was the most
and that it would necesitate Il re-
versal of the decision and a retrial,
the court of appeals explained that
unless the character and reputation
of the deceased had been assailed
by the defendant first. it could not
be a matter for the prosecuting par
ties to bring up.
cit cannot be presumed that the
deliberations of the jury were un-
influenced by this incompetent evi-
dence,' the opinion says.
Taking up other points in the ap-
peal in order, the opinion agreed
with the decision of the superior
court in almost every instance, and
held that the evidence introduced in
the case was abundant to warrant
the verdict oe the jury.
"Appellant S claim that the kill
ing was justifiable because 1t ap-
peared to him as a reasonable man
that his life was in danger when,
as he says, he saw the decedent
draw his hand from his rear hip
pocket, is completely overcome by
Cornelison s testimony that immed-
lately prior to the shooting the de-
ceased was leaning with his right
hand on the fender of his own car
and with his other hand on his side.
This testimony, together with the
decedent S dying declaration, if be-
lieved by the jury-as we must as
sumo it was-is abundantly suffi-
cient to defeat defendant s claim
that the killing was justifiable as
an act of self defense under the doe
trine of appearances. y
Hoffman is being held at the
county Jail pending the outcome of
the court decisions. He was con
victed of second degree murder in
October 1928, on the charge of hav.
ing killed JOhn Shafer on May 80,
1928.