People v. Quesada

169 Cal.Rptr. 881 (1980)

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People v. Quesada

Court of Appeal of California
169 Cal.Rptr. 881 (1980)

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Facts

The home of Reuben Simon Quesada Jr. (defendant) was burglarized while he was out for the evening, and several items were stolen. Quesada later learned from a neighbor that a man named Edie was the likely suspect. Quesada and the neighbor concocted a plan to recover the property. When Edie brought over a stereo to sell to the neighbor, Quesada and a friend confronted Edie and accused him of stealing the stereo and other property. Edie fled in his car as Quesada’s friend attempted to grab Edie through the passenger-side door. Fearing that Edie would hit Quesada or his friend, Quesada fired shots from a handgun at Edie’s vehicle. Edie was struck in the chest by a bullet and later died. Quesada was charged with murder. At trial, Quesada requested a jury instruction that the killing of a person was justifiable if necessarily committed while apprehending a person who had committed burglary. The trial court refused to give the jury instruction. Quesada was convicted of involuntary manslaughter. Quesada appealed, arguing that burglary at night was necessarily a felony that threatened death or bodily injury and thus justified the use of deadly force to apprehend the burglar.

Rule of Law

Issue

Holding and Reasoning (Grodin, J.)

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