From our private database of 37,200+ case briefs...
People v. Swain
Supreme Court of California
12 Cal.4th 593 (1996)
Jamal K. Swain and David Chatman (defendants) participated in a drive-by shooting that resulted in the death of a 15-year-old boy. At trial, the court instructed the jury on the theories of express and implied-malice murder. The jury returned general verdicts convicting Chatman of second-degree murder and conspiracy to commit second-degree murder, and convicting Swain of conspiracy to commit second-degree murder. Swain and Chatman appealed their convictions, and the People appealed the sentences imposed by the trial court. The appeals court affirmed the convictions and the sentences. The California Supreme Court granted the parties' petitions for review. Among other things, the court considered the question of whether the trial court improperly instructed the jury on the principles of implied-malice murder in connection with the conspiracy charge, because implied malice does not require a finding of intent to kill.
Rule of Law
Holding and Reasoning (Baxter, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 630,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 630,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 37,200 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.