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    Criminal Law keyed to Dripps

    People v. Humphrey

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      After a full day of arguing and fighting, Humphrey (Defendant) shot Albert Hampton in their home. When the police arrived, Defendant told them that she had shot Hampton because she did not want him to “beat on her"anymore. The day prior to the shooting, Hampton had been drinking and hit Defendant while they were driving home and continued to hit her after they arrived home. Hampton told Defendant, “I’ll kill you,"and then he fired a gun. The bullet went through the bedroom window and struck a tree outside. The day of the shooting, Hampton “got drunk,"swore at her, and began hitting her again. Defendant took the gun and shot him. Hampton later died. Defendant was charged with murder. At the end of the prosecution’s case, the trial court granted Defendant’s motion for acquittal of first-degree murder. The court then instructed the jury on second-degree murder and both voluntary and involuntary manslaughter. The court also instructed on self-defense as to the second-degree murder charge. The court also instructed the jury that it could consider evidence related to the “battered woman’s syndrome"in deciding whether Defendant actually believed it was necessary to kill in self-defense, but not in deciding whether that belief was reasonable. Defendant was found guilty of voluntary manslaughter with personal use of a firearm. The court of appeal affirmed the conviction. The California Supreme Court granted review.

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    People v. Humphrey