California Court of Appeal

Reset A A Font size: Print

People v. Ross, H030005

A conviction for aggravated assault and battery is reversed where the evidence was insufficient to establish any arrangement or agreement that would establish "mutual combat" between defendant and a woman he struck, and there was a substantial basis for the jury to find that defendant may have acted in self-defense when he struck the blow on which the verdict was based, it was reasonably probable that a properly instructed jury would have returned a verdict more favorable to defendant.

Appellate Information

  • Decided 09/28/2007
  • Published 09/28/2007

Judges

  • RUSHING, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • David McNeil Morse under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant Leonard John Ross II., Edmund G. Brown, Jr., Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Supervising Deputy Attorney General, Margo J. Yu, Deputy Attorney General, for Plaintiff and Respondent The People.
Copied to clipboard