(Download) "People v. Sexton" by First Appellate District, Division Two Court of Appeal of California # eBook PDF Kindle ePub Free

eBook details

Title: People v. Sexton
Author : First Appellate District, Division Two Court of Appeal of California
Release Date : January 15, 1995
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

In this decision, we hold that a defendant who provokes a gun battle by shooting at a victim may be guilty of proximately causing the murder of the victim, even if the victim is killed by shots fired by a third party during the gun battle. We also hold that, in such a situation, CALJIC No. 8.12 is properly modified by deleting the requirement, imposed in other contexts, that the death of the victim result from a "reasonable" response by a third party to the defendants acts. This reasonable response requirement is unnecessary and confusing. Derivative liability for homicide attaches under the provocative act doctrine, when the defendants intentional provocative act proximately causes the death of a victim through the action of a third party.