Legal Opinion
People v. McNeill
California Court of Appeal
Decided November 19, 1980No. Crim. 10373PublishedCited by 49 opinions
1Opinion of the Court
Opinion
PUGLIA, P. J.
A jury found defendant guilty of murder in the second degree (Pen. Code, §§ 187, 189) and “Assault With a Deadly Weapon and by Means of Force Likely to Produce Great Bódily Injury . ... ” (Pen. Code, § 245, subd. (a).) Firearm use was found as to each count. (Pen. Code, § 12022.5.) For reasons which follow, we shall affirm the conviction for murder and reverse the conviction for assault.
In their first encounter on the evening of December 21, 1978, defendant and Charles Muller, the murder victim, engaged in arm wrestling contests and exchanged argumentative words. Defendant…
2Cases cited21 opinions
- People v. WheelerCalifornia Supreme Court · 1978
- Neal v. State of CaliforniaCalifornia Supreme Court · 1960
- People v. HitchCalifornia Supreme Court · 1974
- People v. MillerCalifornia Supreme Court · 1977
- People v. GainerCalifornia Supreme Court · 1977
16 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- People v. HoganCalifornia Supreme Court · 1982
- People v. DelettoCalifornia Court of Appeal · 1983
- People v. MaddenCalifornia Court of Appeal · 1981
- People v. FitzpatrickCalifornia Court of Appeal · 1992
- People v. KentCalifornia Court of Appeal · 1981
44 more not listed; retrieve them via the Exa API.