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People v. Washington
California Court of Appeal, Second District
130 Cal.Rptr. 96 (1976)
- Written by Craig Conway, LLM
Facts
Merle Francis Washington (defendant) was charged with second-degree murder after shooting and killing his homosexual partner, Owen Brady, while the two were riding in Brady’s vehicle. At trial, Washington argued that he did not intend to kill Brady, but rather committed the act in the “heat of passion” during an argument. Thus, Washington claimed he could only be convicted of manslaughter rather than second-degree murder. Washington was convicted of second-degree murder and he appealed.
Rule of Law
Issue
Holding and Reasoning (Allport, J.)
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