PEOPLE v. LOGGINS

Docket No. 6032.

23 Cal.App.3d 597 (1972)

100 Cal. Rptr. 528

THE PEOPLE, Plaintiff and Respondent, v. JAY DERANTE LOGGINS, Defendant and Appellant.

Court of Appeals of California, Third District.

February 17, 1972.


Attorney(s) appearing for the Case

COUNSEL

Joan Poulos, under appointment by the Court of Appeal, and John W. Poulos for Defendant and Appellant.

Thomas C. Lynch and Evelle J. Younger, Attorneys General, Jack R. Winkler and Marjory Winston Parker, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

FRIEDMAN, J.

The principal issue on this appeal is the propriety of the published pattern instruction known as CALJIC No. 5.15, which tells the jury in a murder trial that to establish the defense of justifiable homicide, "the burden is on the defendant to raise a reasonable doubt as to his guilt of the charge of murder."1

In this case defendant did not deny shooting the victim but sought...

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