Rahul Sharma (Editor)

People v. Gleghorn

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People v. Gleghorn, California Court of Appeal, 193 Cal. App. 3d 196, 238 Cal. Rptr. 82 (1987), is a legal case illustrative of when a defendant forfeits his right to self-defense, because his own uncharged culpable acts set in motion the conditions in which self-defense would be needed; he caused the condition of his own defense. This principle put forth by the court as to the underlying murder case was generalized to other kinds of cases.

The court wrote:

This principle put forth by the court as to the underlying murder case was generalized to other kinds of cases "where the actor is not only culpable as to causing the defense conditions, but also has a culpable state of mind as to causing himself to engage in the conduct constituting the offense, the state should punish him for causing the ultimate justified or excused conduct."

In its opinion, the court noted the unusual nature of the underlying facts in the case:

References

People v. Gleghorn Wikipedia


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