[Hook686]

Today, 11:27 AM #17

MLeake wrote:

Hook686, re: your case study -

He was charged. But, was he indicted? Convicted? What was the outcome?

And if convicted, was it appealed? Case law is determined at the appellate level, I believe, not at the trial court level; and definitely not at the charging level.

from:

http://law.justia.com/cases/californ...2d/167/39.html

The information charged defendant in two counts, the first alleging assault with a deadly weapon upon one Wallis, a felony, in violation of section 245, Penal Code; and the second, the murder of one Lela Glenn, as defined in section 187. Acquitting him on the first count, the jury on the second count found defendant guilty of manslaughter, a lesser but necessarily included offense in that of murder.

note: Wallis was the guy that assaulted defendant with a knife, who was subsequently hit across the head by defendant with his gun.

...

A careful examination of the record convinces us that there exists no inconsistency in the verdicts, the evidence is sufficient to support the conviction of manslaughter and the jury was justified in returning such a verdict.

For the foregoing reasons the judgment and order denying motion for new trial are and each is affirmed.

White, P. J., and Fourt, J., concurred.

Even without all the legal trappings, I think this is a very costly undertaking, and one cetainly to be avoided if at all possible. However here it seems to me that Wallis initiated the assault with a knife, yet the defendant was found guilty of the resulting death, even though he was merely defending himself from a lethal assault. Be careful out there.