[Download] "Browne v. Superior Court of Santa Clara County" by First Appellate District, Division One Court of Appeal of California # eBook PDF Kindle ePub Free
eBook details
- Title: Browne v. Superior Court of Santa Clara County
- Author : First Appellate District, Division One Court of Appeal of California
- Release Date : January 15, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Appellant stands convicted, following a jury trial, of attempted voluntary manslaughter, assault with a deadly weapon, and discharging a firearm at an occupied motor vehicle. He contends the conviction of attempted voluntary manslaughter must be reversed because commission of that crime is a logical impossibility. He also argues the conviction of assault with a deadly weapon must be reversed because the jury was erroneously instructed that the doctrine of transferred intent was applicable under the facts of this case. He further contends his conviction of discharging a firearm into an occupied motor vehicle must be reversed because the trial judge erroneously instructed on the mental element of that crime. Additionally, he asserts he was deprived of effective assistance of counsel because his attorney failed to subpoena a critical witness. Finally, he maintains the trial judge erred prejudicially by admitting evidence of a statement made by the victim which did not fall within a recognized exception to the hearsay rule. For the reasons to be explained, we conclude the judgment must be reversed as to the conviction of assault with a deadly weapon and remanded for resentencing. In all other respects, the judgment will be affirmed.