Legal Opinion

People v. Guthrie

California Court of Appeal

Decided July 11, 1983No. Crim. 11943PublishedCited by 32 opinions

[Certified for partial publication.*]

1Opinion of the Court

Opinion

SIMS, J.

Defendant appeals from the judgment after a jury convicted him of first degree burglary. 1 (Pen. Code, §§ 459, 460.) In this published portion of our opinion, we address defendant’s contentions that (1) the phrase “inhabited dwelling house” in Penal Code section 460 is unconstitutionally vague; and (2) the trial court erroneously refused to instruct the jury that defendant could not be convicted of first degree burglary if the jury had a reasonable doubt that defendant knew or believed the burglarized dwelling house was inhabited at the time of the burglary. We address other…

2Cases cited65 opinions

  1. Connally v. General Construction Co.Supreme Court of the United States · 1926
  2. Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
  3. Smith v. GoguenSupreme Court of the United States · 1974
  4. Winters v. New YorkSupreme Court of the United States · 1948
  5. People v. SedenoCalifornia Supreme Court · 1974

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

3Cited by32 opinions

  1. People v. CruzCalifornia Supreme Court · 1996
  2. People v. VillalobosCalifornia Court of Appeal · 2006
  3. People v. FleetwoodCalifornia Court of Appeal · 1985
  4. People v. DeayCalifornia Court of Appeal · 1987
  5. People v. BradyCalifornia Court of Appeal · 1987

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

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