Tag Archives: Mens Rea


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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Aider And Abettor: Natural And Probable Consequences – Unanimity As To Commission Of Nontarget Offense
January 21st, 2015

  The majority opinion in People v. Smith (2014) 60 Cal. 4th 603 concluded that the requirement of juror unanimity as to all essential elements of the charge does not apply to commission of the nontarget offense alleged under the natural and probable consequences doctrine:    The prosecution theory was that Littleton was the killer. […]


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GBI: Intent To Inflict GBI Not Required
May 30th, 2014

People v. Poroj (2011) 190 Cal. App. 4th 165, 168, upheld CC 3160, finding that the instruction correctly explained that the enhancement for personally inflicting great bodily injury in PC § 12022.7, “does not require a showing of intent to inflict GBI, separate or apart from the intent required to commit the felony or attempted […]


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