Sunday, November 17, 2013

People v. Van Ronk case brief

People v. Van Ronk case brief summary
217 Cal.Rptr. 581 (1985)


CASE SYNOPSIS
Defendant sought review of a decision from the Superior Court of Butte County (California), which convicted him of attempted voluntary manslaughter, Cal. Penal Code § 192(1/664). Defendant contended that attempted voluntary manslaughter was a logical and legal absudity that could not exist as a crime.

CASE FACTS
Defendant was convicted of attempted voluntary manslaughter, Cal. Penal Code § 192(1/664). Defendant sought review of his conviction, claiming it was a logical and legal absudity and could not exist as a crime.

DISCUSSION

  • The court affirmed defendant's conviction, holding that attempted voluntary manslaughter did exist as a crime. 
  • The court found that it was possible for defendant to form the intent to kill while in the heat of passion, which was the same intent necessary for the crime of attempt.

CONCLUSION
The court affirmed defendant's conviction, holding that attempted voluntary manslaughter was not a logical and legal absurdity, because it was not illogical to find that a person who unsuccessfully attempted to kill another did so with intent to kill formed in the heat of passion.

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