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People v. Borchers

Supreme Court of California
 325 P.2d 97 (1958)


Mr. Borchers (defendant) shot and killed his girlfriend Dotty. Prior to the night she was killed, Dotty had admitted to Borchers that she had been unfaithful, attempted to jump from a moving car, and stated that she wished she was dead. On the night of her death, Dotty had taunted Borchers and urged him to shoot her. The jury found that Borchers was sane at the time the offense was committed and that he was guilty of second degree murder. Borchers moved for a new trial on the issue of his sanity. After denying the motion, the trial court reduced the verdict of second degree murder to one of voluntary manslaughter. The prosecution appealed the reduction of the verdict.

Rule of Law


Holding and Reasoning (Schauer, J.)

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