Legal Opinion

People v. Free

California Court of Appeal

Decided April 26, 1982No. Crim. 4979PublishedCited by 14 opinions

1Opinion of the Court

Opinion

ANDREEN, J.

Appellant, John Arthur Free, was charged jointly with his brother Joe with murder (Pen. Code, § 187). He was tried separately and found guilty of second degree murder. The jury further found that he used a firearm during the offense (Pen. Code, § 12022.5). He appeals, alleging prosecutorial misconduct and instructional error.

Facts

Appellant, his brother Joe and the decedent Fear became embroiled in a barroom brawl in Modesto. According to prosecution witnesses, prior to the fight appellant left the bar to obtain a .45 caliber pistol. When he returned he had something heavy…

2Cases cited22 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Griffin v. CaliforniaSupreme Court of the United States · 1965
  3. Doyle v. OhioSupreme Court of the United States · 1976
  4. Griffin v. CaliforniaSupreme Court of the United States · 1965
  5. Michigan v. TuckerSupreme Court of the United States · 1974

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

3Cited by14 opinions

  1. People v. EdelbacherCalifornia Supreme Court · 1989
  2. People v. JacobsCalifornia Court of Appeal · 1984
  3. People v. CallegriCalifornia Court of Appeal · 1984
  4. Coleman v. StateNevada Supreme Court · 1995
  5. People v. FondronCalifornia Court of Appeal · 1984

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

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