PEOPLE v. QUESADA

Docket No. 20258.

113 Cal.App.3d 533 (1980)

169 Cal. Rptr. 881

THE PEOPLE, Plaintiff and Respondent, v. RUBEN SIMON QUESADA, JR., Defendant and Appellant.

Court of Appeals of California, First District, Division One.

December 18, 1980.


Attorney(s) appearing for the Case

COUNSEL

Sanders, Dodson & Rives and Ronald P. Rives for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Robert R. Granucci and Clifford K. Thompson, Jr., Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

GRODIN, J.

Defendant's house was burglarized during the night while no one was at home. Two days later, under circumstances we shall describe, defendant shot and killed the burglar. In response to charges of murder with use of a firearm, defendant claimed justification under Penal Code section 197, subdivision 4, which provides that "[h]omicide is ... justifiable ... When necessarily committed in attempting, by lawful ways...

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