People v. Nieto Benitez

Supreme Court of California · Decided 1992-12-03

Cited by 184 later decision(s) in our corpus · see the citation network in Lexace

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Opinion GEORGE, J. —This case presents the question whether the act of brandishing a firearm may constitute an act sufficiently dangerous to life to support a conviction of second degree murder on an implied malice theory. (Pen. Code, §§ 187, subd. (a), 189.) 1 The Court of Appeal held that although the act of intentionally firing a handgun could support a finding of malice,…

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