People v. Butler

65 Cal.2d 569, 421 P.2d 703 (1967)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Butler (D) believed in good faith that Anderson owed him money. D threatened Anderson with a gun to get repayment of the monies that were owed. Anderson reached for the gun which fired, killing him and injuring Locklear. At trial, the court ruled that because there was no evidence of premeditation or deliberation, there could be no finding of first-degree murder unless D committed the killing in the perpetration of a robbery. The prosecution argued that a robbery was committed even though D had no intent to steal. D was convicted and appealed.