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Criminal Law keyed to Dripps
People v. Swain
Citation:
12 Cal.4th 593, 49 Cal.Rptr.2d 390, 909 P.2d 994.Facts
On January 13, 1991 at 2:00 a.m., a brown van passed through the Hunter’s Point neighborhood in San Francisco. The victim, Hagbom Saileele, and his friends were listening to music on the street. Several shots were fired from the front and rear of the van. Saileele was shot twice and died in surgery. Police later found the abandoned brown van with Defendant Swain’s fingerprints on the inside of the driver’s side window and a .380-caliber semi-automatic handgun that traced back to Defendant Chatman. At trial, Chatman admitted he was in the rear of the van and the original plan was to retaliate against a car theft by stealing the car of the suspected thief. Chatman claimed he heard the initial shot and thought someone was shooting at the van, so he returned fire. Chatman denied Swain was in the van, and Swain testified that he was not in the van at the time of the drive-by.
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