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Criminal Law keyed to Dripps
People v. Saille
Citation:
54 Cal.3d 1103, 2 Cal.Rptr.2d 364, 820 P.2d 588.Facts
Just before noon on November 30, 1985, the defendant began drinking at a friend’s house. He consumed 15 to 18 beers by 6:00 p.m. and then went to a bar and drank 3 or 4 more beers. He was noticeably drunk by 9:00 p.m. and a bartender signaled for the security guard, David Ballagh, to ask the defendant to leave. The defendant returned an hour later and was reminded by Ballagh he could not enter the bar. Defendant returned again around 11:00 p.m. when he was again turned away. The defendant then threatened to get his gun and kill Ballagh. Around 1:00 a.m., the defendant went home and grabbed his semiautomatic assault rifle. He returned to the bar, and Ballagh tried to grab the gun during which time the rifle discharged killing a patron, Guadalupe Borba. Defendant was eventually subdued, but both he and Ballagh were shot during the struggle.
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