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People v. Yslas

California Supreme Court
27 Cal. 630 (1865)


Yslas (defendant) went into the victim’s house and asked for liquor. The victim initially refused, but then gave Yslas liquor when he insisted. Yslas then told the victim to drink with him. The victim refused. Yslas threw the drink glass on the floor, threatened to kill the victim, and moved toward her with a raised hatchet. The victim escaped to a nearby room and locked the door. Yslas hit the door with the hatchet. The State of California (plaintiff) charged Yslas with assault with the intent to commit murder. Yslas requested a jury instruction that would render an assault incomplete if the act was interrupted by the victim’s escape or bystander interference. The trial court denied the instruction, and Yslas was convicted. Yslas appealed.

Rule of Law


Holding and Reasoning (Sanderson, C.J.)

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