Cargando…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Court of Appeal of the State of California; 120 Cal. App. 3d 444. Datos: https://static.case.law/cal-app-3d/120/cases/0444-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
Cargando el texto completo…
People v. Newble, 120 Cal. App. 3d 444 (Court of Appeal of the State of California, 1981) Opinion CARR, J. Defendant appeals from the judgment entered after the trial court found him guilty of violating section 203, Penal Code and granted him five years’ probation on condition he spend nine months in the county jail. The primary issue is whether the infliction of a three-inch facial laceration which extends from the bottom of the left ear to just below the chin, which is likely to leave a permanent scar, constitutes disfigurement of a member of the body within the meaning of section 203. In support of his assertion that such conduct is not mayhem, defendant contends: 1) the statutory definition of “mayhem” is so unconstitutionally vague that it fails to provide sufficient notice of the prohibited conduct, and 2) the head should not be considered a “member” of the body. The facts demonstrate the potential for violent encounter when romance wanes and is displaced by hostility. Defendant and Berline Kizzie, the victim herein, had lived together for several months. Upon their separation, Berline saw defendant quite frequently but the relationship was not friendly and defendant had on two occasions threatened Berline, the last threat being “I’m going to get you, and I’m going to fix you where won’t nobody have you.” On November 4, 1978, Berline attended a party at the Hideaway Club in Marysville. She arrived about 2 a.m. and had a drink. Defendant testified on his own behalf;…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Court of Appeal of the State of California; 120 Cal. App. 3d 444. Datos: https://static.case.law/cal-app-3d/120/cases/0444-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
Cargando el texto completo…
People v. Newble, 120 Cal. App. 3d 444 (Court of Appeal of the State of California, 1981) Opinion CARR, J. Defendant appeals from the judgment entered after the trial court found him guilty of violating section 203, Penal Code and granted him five years’ probation on condition he spend nine months in the county jail. The primary issue is whether the infliction of a three-inch facial laceration which extends from the bottom of the left ear to just below the chin, which is likely to leave a permanent scar, constitutes disfigurement of a member of the body within the meaning of section 203. In support of his assertion that such conduct is not mayhem, defendant contends: 1) the statutory definition of “mayhem” is so unconstitutionally vague that it fails to provide sufficient notice of the prohibited conduct, and 2) the head should not be considered a “member” of the body. The facts demonstrate the potential for violent encounter when romance wanes and is displaced by hostility. Defendant and Berline Kizzie, the victim herein, had lived together for several months. Upon their separation, Berline saw defendant quite frequently but the relationship was not friendly and defendant had on two occasions threatened Berline, the last threat being “I’m going to get you, and I’m going to fix you where won’t nobody have you.” On November 4, 1978, Berline attended a party at the Hideaway Club in Marysville. She arrived about 2 a.m. and had a drink. Defendant testified on his own behalf;…