People v. McDaniel

Opinion

tion by jury of threatening a witness (Pen. Code, § 140) and a finding that he had previously been convicted of a felony within the meaning of Penal Code section 667.5, subdivision (b). He contends that the trial court failed to properly instruct the jury on the elements of section 140 and the requisite intent to commit it. He asserts that threatening a witness under section 140 is a specific intent crime and, further, that CALJIC No. 1.21 defining “knowledge” should have been given.

We hold that threatening a witness under section 140 is a general intent crime and that an instruction…