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People v. Butler

Supreme Court of California, In Bank

511 P.2d 703 (1967)

Relevant factsFree

Butler, convicted of first-degree murder based on a robbery-murder theory after shooting a man who owed him money and allegedly grabbed for the gun, testified he went to the victim's home only intending to demand repayment of the debt, not to rob him, but the trial court and prosecutor effectively told the jury that taking money at gunpoint was robbery regardless of any honest belief in a right to the funds.

IssueFree

Whether, to be convicted of larceny or robbery, the defendant must possess felonious intent to take the personal property of another person without believing, in good faith, that the defendant has a right or claim to the property.

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