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Court of Appeal of the State of California - 87 Cal.Rptr. 394, 8 Cal. App. 3d 359
Tags: Criminal law, Actus reus, Unconsciousness
tl;dr:
Unconsciousness not caused by the voluntary conduct of the defendant is a defense to voluntary manslaughter.Video Summary
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The defendant, Huey P. Newton, is appealing a conviction of voluntary manslaughter and a prior felony conviction for assault with a deadly weapon. The defendant claims that the trial court erred by failing to instruct the jury on unconsciousness as a defense to criminal homicide. The defendant argues that the trial court made an error in not allowing the case to be reopened, and the prosecution violated the defendant's Sixth Amendment right of confrontation by reading the grand jury testimony of a witness who could not recall it to the trial jury without the opportunity for cross-examination. The defendant's prior felony conviction was affirmed by the court, and the trial court denied the defendant's motion to strike it from the indictment and for a protective order to prevent its mention at trial, claiming ineffective waiver of counsel. The defendant cannot challenge the validity of the indictment on the ground of unconstitutional discrimination. The court found other claims of trial error to be sustained, but the error in the instructions alone requires reversal.
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