Legal Opinion

People v. Johnson

California Court of Appeal

Decided November 10, 1972No. Crim. 5022PublishedCited by 19 opinions

1Opinion of the Court

Opinion

AULT, J.

On February 10, 1972, Lorise Johnson shot and killed his accomplice, Vanderbilt Austin, dui'ing an attempted robbery of an insurance company office in San Diego. Indicted for Austin’s murder, and convicted by the court of murder in the first degre, Johnson appeals, contending: (1) The felony-murder rule was inapplicable because: (a) his diminished capacity, brought about through, drug ingestion, negated any specific intent to rob; (b) the killing was accidental, without malice, and separate and distinct from the robbery transaction. (2) His waiver of a jury trial was…

2Cases cited20 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. North Carolina v. AlfordSupreme Court of the United States · 1970
  3. Brady v. United StatesSupreme Court of the United States · 1970
  4. United States v. JacksonSupreme Court of the United States · 1968
  5. Parker v. North CarolinaSupreme Court of the United States · 1970

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

3Cited by19 opinions

  1. People v. DavisCalifornia Supreme Court · 2005
  2. People v. LucasCalifornia Court of Appeal · 1997
  3. People v. BillaCalifornia Supreme Court · 2003
  4. People v. FonvilleCalifornia Court of Appeal · 1973
  5. People v. PattersonCalifornia Court of Appeal · 1989

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

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