Legal Opinion
People v. Loggins
California Court of Appeal
Decided February 17, 1972No. Crim. 6032PublishedCited by 17 opinions
1Opinion of the Court
Opinion
FRIEDMAN, J.
The principal issue on this appeal is the propriety of the published pattern instruction known as CALJIC No. 5.15, which tells the jury in a murder trial that to establish the defense of justifiable homicide, “the burden is on the defendant to raise a reasonable doubt as to his guilt of the charge of murder.”
In this case defendant did not deny shooting the victim but sought to establish justifiable homicide by self-defense and, as a secondary alternative, to establish mitigation, reducing the killing to manslaughter. The jury returned a manslaughter verdict.
The three…
2Cases cited23 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- In Re WINSHIPSupreme Court of the United States · 1970
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
- People v. WatsonCalifornia Supreme Court · 1956
- Bumper v. North CarolinaSupreme Court of the United States · 1968
18 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People v. GonzalezCalifornia Supreme Court · 1990
- People v. BabbittCalifornia Supreme Court · 1988
- People v. AdrianCalifornia Court of Appeal · 1982
- People v. CisnerosCalifornia Court of Appeal · 1973
- People v. HydeCalifornia Court of Appeal · 1985
12 more not listed; retrieve them via the Exa API.