People v. Wright

Opinion

MOSK, J.

Defendant appeals from a judgment convicting him of first degree murder. He contends (1) evidence that the victim had heroin in his system within 24 hours before his death was improperly excluded under Evidence Code section 352; (2) evidence that the victim was under the influence of heroin when he violently resisted arrest in 1979 was improperly excluded; (3) the jury was erroneously instructed on the elements of first degree murder; (4) the court erred in refusing to order a mistrial or dismissal as a sanction for the prosecution’s failure to disclose certain evidence to the…