California Court of Appeal

Conviction for second-degree murder is reversed where it was error to instruct the jury on CALCRIM No. 917 as the issue was not provocative words but defendant's state of mind and the effect of provocative words upon it.

Appellate Information

• Decided 12/27/2007
• Published 12/27/2007

Judges

• ELIA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Kyle Gee, Under Appointment by the Court of Appeal, Under the Sixth DistrictAppellate Program'sUnassisted Case System, for Appellant.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Seth K. Schalit and John H. Deist, Deputy Attorneys General, for Respondent.