People v. Frye
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
SPARKS, Acting P. J.
In this case of murder and attempted murder, the trial court instructed the jury that a killing or attempted killing was unlawful unless it was either excusable or justifiable. It went on to instruct the jury that “[i]t is undisputed in this case that each of the acts in question was an unlawful act.” Defendant contends that by this instruction the trial court improperly directed the jury’s verdict on disputed factual issues. We reject this contention in the published portion of this opinion. As we shall explain, the word “unlawful” in the various homicide…
2Cases cited30 opinions
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Engle v. IsaacSupreme Court of the United States · 1982
- Patterson v. New YorkSupreme Court of the United States · 1977
- Francis v. FranklinSupreme Court of the United States · 1985
- People v. DillonCalifornia Supreme Court · 1983
25 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- New York Times Co. v. United States Deparment of JusticeCourt of Appeals for the Second Circuit · 2014
- People v. YarbroughCalifornia Court of Appeal · 2008
- People v. CurtisCalifornia Court of Appeal · 1994
- State v. SoucySupreme Court of New Hampshire · 1995
- Mathis v. MorrisseyCalifornia Court of Appeal · 1992
12 more not listed; retrieve them via the Exa API.