(DOWNLOAD) "People V. Benitez" by Supreme Court Of California # eBook PDF Kindle ePub Free
eBook details
- Title: People V. Benitez
- Author : Supreme Court Of California
- Release Date : January 03, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
This case presents the question whether the act of brandishing a firearm may constitute an act sufficiently dangerous to life to support a conviction of second degree murder on an implied malice theory. (Pen. Code, § 187, subd. (a), 189.)*fn1 The Court of Appeal held that although the act of intentionally firing a handgun could support a finding of malice, the act of intentionally brandishing a handgun, as a matter of law, could not support such a finding. Because the trial court's instructions permitted the jury to base a finding of malice on defendant's intentional brandishing of a firearm, the Court of Appeal concluded that defendant's conviction of second degree murder must be reversed.