Tag Archives: CC 625

Is Larcenous Intent an Element of Robbery?
September 12th, 2016

For decades CALJIC 9.40 has relied on the literal language of PC 211 to define the specific intent required for robbery as an intent to permanently deprive the possessor of the property that is taken. However, this definition is erroneous because robbery requires an intent to steal which is defined as an intent to permanently […]

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Malice and Voluntary Intoxication
August 14th, 2015

People v. Turk (2008) 164 Cal. App. 4th 1361, 1382, rejected the defendant’s argument that the instruction gave insufficient guidance that malice aforethought and intent to kill are the same thing. The jury was instructed under CC 520 in defining murder that, “[t]he defendant acted with express malice if he unlawfully intended to kill.” (Ibid.)  […]

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