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PEOPLE v. ANDERSON

No. S094710.

122 Cal.Rptr.2d 587 (2002)

28 Cal.4th 767

50 P.3d 368

The PEOPLE, Plaintiff and Respondent, v. Robert Neal ANDERSON, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied October 2, 2002.

Attorney(s) appearing for the Case

Neoma D. Kenwood, Berkeley, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Ronald A. Bass, Assistant Attorney General, Catherine A. Rivlin, Gerald A. Engler and Moona Nandi, Deputy Attorneys General, for Plaintiff and Respondent.

CHIN, J.

Over two centuries ago, William Blackstone, the great commentator on the common law, said that duress is no excuse for killing an innocent person: "And, therefore, though a man be violently assaulted, and hath no other possible means of escaping death, but by killing an innocent person, this fear and force shall not acquit him of murder; for he ought rather to die himself than escape by the murder of an innocent...

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