Legal Opinion
People v. Martin
California Court of Appeal
Decided June 5, 1985No. F004497PublishedCited by 8 opinions
1Opinion of the Court
Opinion
HAMLIN, J.
The People appeal from an order granting defendant’s Penal Code section 995 motion to set aside the information charging defendant with involuntary manslaughter (Pen. Code, § 192, subd. 2) 1 and alleging the use of a firearm in the commission of that offense (§ 12022.5).
This appeal requires us to decide whether section 197, subdivision 4, 2 justifies defendant’s shooting and killing one of the apparently unarmed participants in the nighttime burglary of his son’s temporarily unoccupied residence while that participant was fleeing from the scene of the burglary. We conclude…
2Cases cited27 opinions
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Connally v. General Construction Co.Supreme Court of the United States · 1926
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- Marks v. United StatesSupreme Court of the United States · 1977
- Lanzetta v. New JerseySupreme Court of the United States · 1939
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3Cited by8 opinions
- People ex rel. Lungren v. Superior CourtCalifornia Supreme Court · 1996
- State v. PellegrinoSouth Dakota Supreme Court · 1998
- State v. WhiteOhio Supreme Court · 2015
- State v. JohnsonNew Mexico Court of Appeals · 1997
- People v. CarbajalCalifornia Court of Appeal · 2003
3 more not listed; retrieve them via the Exa API.