Legal Opinion

People v. Cowger

California Court of Appeal

Decided July 13, 1988No. B021404PublishedCited by 14 opinions

1Opinion of the Court

Opinion

KENNARD, J.

A jury found defendant guilty of one count each of burglary (Pen. Code, § 459) and assault with intent to commit rape (Pen. Code, § 220). Found to be true was an allegation that defendant had suffered a prior conviction for burglary. Defendant, who was sentenced to state prison, appeals from the judgment of conviction. He contends (1) the victim’s in-field identification of him was impermissibly suggestive, and (2) an instruction on flight should not have been given. We affirm the judgment.

Facts

Prosecution’s Case

Sometime after midnight on August 5, 1985, 16-year-old Jamie T.…

2Cases cited33 opinions

  1. Simmons v. United StatesSupreme Court of the United States · 1968
  2. Neil v. BiggersSupreme Court of the United States · 1972
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. People v. WheelerCalifornia Supreme Court · 1978
  5. People v. FloydCalifornia Supreme Court · 1970

28 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. People v. CarreraCalifornia Supreme Court · 1989
  2. People v. MasonCalifornia Supreme Court · 1991
  3. People v. MartinezCalifornia Court of Appeal · 1989
  4. People v. LondonCalifornia Court of Appeal · 1988
  5. People v. SimonCalifornia Court of Appeal · 1989

9 more not listed; retrieve them via the Exa API.

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