green
Positive treatment
Issue: approved instructionCA ↗
Issue: record reflects instructionCA ↗
Issue: implied malice instructionCA ↗
Issue: preliminaiy hearingCA ↗
4.1 score
Treatment trajectory · 1965 → 2026 · click a year to view as-of
1965
1995
2026
Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited "see"
Eddie Charles Spivey v. Theresa Rocha, Warden, California State Prison
(2×)
See Jackson v. Superior Court of City and County of San Francisco, 62 Cal.2d 521 , 42 Cal.Rptr. 838 , 399 P.2d 374 (1965).
discussed
Cited "see"
People v. Murray
(2×)
(Lorenson v. Superior Court, 35 Cal.2d 49, 56 [ 216 P.2d 859 ]; People v. Willmirth, 247 Cal.App.2d 513, 514 [ 55 Cal.Rptr. 678 ]; see People v. McRae, 31 Cal.2d 184, 187 [ 187 P.2d 741 ].) ‘ “Probable cause is shown if a man of ordinary caution or prudence would be led to believe and conscientiously entertain a strong suspicion of the guilt of the accused.” ’ (Jackson v. Superior Court, 62 Cal.2d 521, 525 [ 42 Cal.Rptr. 838 , 399 P.2d 374 ]; Robison v. Superior Court, 49 Cal.2d 186, 188 [ 316 P.2d 1 ]; Lorenson v. Superior Court, supra, at p. 56.) An information will not be set aside …
discussed
Cited "see"
Rideout v. Superior Court
(2×)
(Lorenson v. Superior Court, 35 Cal.2d 49, 56 [ 216 P.2d 859 ]; People v. Willmirth, 247 Cal.App.2d 513, 514 [ 55 Cal.Rptr. 678 ]; see People v. McRae, 31 Cal.2d 184, 187 [ 187 P.2d 741 ].) " 'Probable cause is shown if a man of ordinary caution or prudence would be led to believe and conscientiously entertain a strong suspicion of the guilt of the accused.' " (Jackson v. Superior Court, 62 Cal.2d 521, 525 [ 42 Cal.Rptr. 838 , 399 P.2d 374 ]; Robison v. Superior Court, 49 Cal.2d 186, 188 [ 316 P.2d 1 ]; Lorenson v. Superior Court, supra, at p. 56.) [2] An information will not be set aside or a…
discussed
Cited "see"
Rideout v. Superior Court
(2×)
(Lorenson v. Superior Court, 35 Cal.2d 49, 56 [ 216 P.2d 859 ] ; People v. Willmirth, 247 Cal.App.2d 513, 514 [ 55 Cal.Rptr. 678 ] ; see People v. McRae, 31 Cal.2d 184, 187 [ 187 P.2d 741 ].) " ‘Probable cause is shown if a man of ordinary caution or prudence would be led to believe and conscientiously entertain a strong suspicion of the guilt of the accused. ’ ” (Jackson v. Superior Court, 62 Cal.2d 521, 525 [ 42 Cal.Rptr. 838 , 399 P.2d 374 ] ; Robison v. Superior Court, 49 Cal.2d 186, 188 [ 316 P.2d 1 ] ; Lorenson v. Superior Court, supra, at p. 56.) An information will not be set asi…
discussed
Cited "see, e.g."
People v. Trevino
(2×)
Code, § 198.)” (People v. Flannel (1979) 25 Cal.3d 668, 674675 [ 160 Cal.Rptr. 84 , 603 P.2d 1 ], original italics; see also, Jackson v. Superior Court (1965) 62 Cal.2d 521, 529 [ 42 Cal.Rptr. 838 , 399 P.2d 374 ].) Hence, an instruction which states that the party killing must act under the influence of such fears alone, is a correct statement of the law.
discussed
Cited "see, e.g."
People v. Lewis
(2×)
(People v. Brunk, 258 Cal.App.2d 453, 456 [ 65 Cal.Rptr. 727 ]; People v. Jones, 225 Cal.App.2d 598, 606 [ 37 Cal.Rptr. 454 ]; People v. Watkins, 178 Cal.App.2d 41, 44 [ 2 Cal.Rptr. 707 ]; People v. McAuliffe, 154 Cal.App.2d 332, 338 [ 316 P.2d 381 ]; People v. Torres, 94 Cal.App.2d 146, 149-150 [ 210 P.2d 324 ].) “These rules of substantive law are implemented by Penal Code section 1105, which provides that ‘Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon h…
discussed
Cited "see, e.g."
Roads v. Superior Court
(2×)
(Rollins v. Superior Court (1963) 223 Cal.App.2d 219, 223 [ 35 Cal.Rptr. 734 ] ; Callan v. Superior Court (1962) 204 Cal.App.2d 652, 662 [ 22 Cal.Rptr. 508 ] ; see also dictum in Jackson v. Superior Court (1965) 62 Cal.2d 521, 528 [ 42 Cal.Rptr. 838 , 399 P.2d 374 ] (rule equally applicable where uncontradicted evidence of “included” offenses).) It has been held, therefore, that “where there is absolutely no competent evidence before the grand jury of the commission by the accused of the crime charged (Greenberg v. Superior Court (1942) 19 Cal.2d 319, 322 [ 121 P.2d 713 ]) or where there…
discussed
Cited "see, e.g."
People v. Ray
(2×)
Instructions—Manslaughter The record reflects that an instruction distinguishing between murder of the second degree and manslaughter (CALJIC 305), and one concerning resolution of a doubt as to which of those offenses was committed (CALJIC 305-AA (new)) were rejected by the court, as apparently were also any other instructions, not in the record, proposed by defendant on the subject of manslaughter. “ It is settled that in criminal cases, even when not requested, the court must instruct on the general principles of law relevant to the issues raised by the evidence. [Citations.] [Fn. omitt…
Retrieving the full opinion text from the archive…
In re CHARLES ROBERT CARROL BROWN on Habeas Corpus
Crim. No. 8567.
California Supreme Court.
Mar 5, 1965.
399 P.2d 374
1965 Cal. LEXIS 308
Peek.
Cited by 2 opinions | Published
PEEK, J.
We issued an order to show cause in this matter so that we might consider whether petitioner would be entitled to relief by writ of habeas corpus in the event we should determine that an appeal did not lie from an order adjudging him insane and committing him to a state hospital pursuant to sections 1368 et seq. of the Penal Code.
In People v. Brown, ante, p. 901 [42 Cal.Rptr. 837, 399 P.2d 373], filed this day/ it is concluded that petitioner is entitled to appeal. No other basis appears for issuance of the writ.
The order to show cause is discharged, and the petition for writ of .habeas corpus is denied.
Traynor, C. J., MeComb, J., Peters, J., Tobriner, J., Mosk, J., and Schauer, J.,* concurred.
Retired Associate Justice of the Supreme Court sitting under assignment by the Chairman of the Judicial Council.