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Criminal Law Keyed to Kaplan
People v. Stone
Facts
After clashing with members of another gang, Defendant returned with a group and fired a single shot at the members of the other gang from the passenger window of a vehicle. Witnesses testified that Defendant aimed at the group, but not at any particular individual in the group. No one was injured and Defendant was arrested and charged with attempted premeditated murder of Joel F., one person in the group. Defendant was convicted and on appeal the California Court of Appeal reversed the conviction based upon the sufficiency of the evidence and an erroneous instruction concerning a “kill zone” provided to the jury.
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