Summary
concluding that a mistake of fact in regard to theft need not be reasonable because theft is a specific intent crime
Summary of this case from People v. RodgersOpinion
Decided November 15, 1979
JUDGMENT AFFIRMED
concluding that a mistake of fact in regard to theft need not be reasonable because theft is a specific intent crime
Summary of this case from People v. RodgersDecided November 15, 1979
JUDGMENT AFFIRMED
concluding that a mistake of fact in regard to theft need not be reasonable because theft is a specific intent crime
Summary of this case from People v. RodgersIn Navarro, defendant took some wooden beams from a construction site. He was charged with theft. He claimed that he thought the owner had abandoned the beams.
Summary of this case from State v. SextonIn Navarro, for example, the defendant was charged with grand theft for taking four wooden beams from a construction site.
Summary of this case from People v. HendrixIn Navarro, the court stated that although the "hypothetical reasonable [person]" standard did not apply to a mistake of fact negating specific intent to steal, "[i]t is true that if the jury thought the defendant's belief to be unreasonable, it might infer that he did not in good faith hold such belief."
Summary of this case from People v. SmithIn People v. Navarro (1979) 99 Cal.App.3d Supp. 1 [160 Cal.Rptr. 692] (Navarro), an oft-cited appellate department case, the defendant was charged with grand theft for taking four wooden beams from a construction site.
Summary of this case from People v. RussellFull title:PEOPLE v. NAVARRO (JEORGE)
Court:Appellate Division of the Supreme Court of New York, First Department
Date published: Nov 15, 1979
The court also instructed the jury as to reasonable doubt. Trial counsel requested the court give the…
State v. SextonTo explain, we may consider again the case of the absent minded umbrella thief. If only a reasonable mistake…