Criminal Law Keyed to Kadish
People v. Hood
The Defendant, who was drinking heavily, resisted efforts by the police to arrest him. During the course of the struggle, the Defendant took the police officer’s gun and shot him in the legs. The Defendant was convicted of assault with a deadly weapon upon a peace officer and assault with intent to murder the officer. These convictions were reversed by the Supreme Court of California due to a lack of proper instruction on the lesser included crime of simple assault and because the trial court gave conflicting instructions on the effect of intoxication. The Court considered the effect of intoxication on the crime of assault with a deadly weapon in order to assist the trial court on retrial.
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