Supreme Court of California

In a case involving an indictment for misappropriation of public funds, judgment of the court of appeals is affirmed where: 1) a violation of Penal Code section 424 requires intentional violation of a known legal duty or criminal negligence in failure to know; 2) a claim of misinstruction on the mens rea of a crime may be challenged under Penal Code section 995(a)(1)(B); and 3) in a motion to set aside an indictment or accusation, a defendant claiming that the district attorney suffered from a conflict of interest during the grand jury proceeding must establish that his right to due process was violated.

Appellate Information

• Decided 08/01/2011
• Published 08/01/2011

Judges

• CORRIGAN

Court

• Supreme Court of California

Counsel