1. Home
  2. Browse Decisions
  3. Cal.App.3d
  4. 192 Cal.App.3d
  5. 192 Cal.App.3d 15 (1986)
 

PEOPLE v. KIRK

Docket No. 1739.

192 Cal.App.3d 15 (1986)

238 Cal. Rptr. 42

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL JOSEPH KIRK, Defendant and Appellant.

Court of Appeals of California, Appellate Department, Superior Court, Santa Clara.

October 17, 1986.

Attorney(s) appearing for the Case

COUNSEL

Fred W. Gerbino, Jr., for Defendant and Appellant.

Leo Himmelsbach, District Attorney, and Hilda D'Esapo, Deputy District Attorney, for Plaintiff and Respondent.

OPINION

CHAPMAN, P.J.

The issue presented on this appeal is whether Penal Code section 417, subdivision (a)(2) forbids a person to draw a weapon in a threatening manner for the purpose of defending others.

We conclude that the Legislature did not intend to restrict the right to defend others, and thus, Penal Code section 417, subdivision (a)(2) does not forbid a person, in order to defend others, to draw a weapon in a threatening...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases