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People v. Cleaves

California Court of Appeal

229 Cal. App. 3d 367 (1991)

Relevant factsFree

At the request of Eaton, who wished to die by suicide before AIDS progressed further, Cleaves (defendant) rigged a sash for Eaton to strangle himself by straightening his body, and when the sash slipped, Cleaves reattached it, applied additional pressure, and lay on Eaton to keep him steady during the strangulation; Cleaves was convicted of second-degree murder after the trial court denied his request for a jury instruction on the lesser offense of aiding and abetting a suicide, and he appealed.

IssueFree

Whether a defendant charged with murder based on active participation in another person's suicide is entitled to a jury instruction on the lesser offense of aiding and abetting a suicide.

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