Newton

People v. Newton

Good Law

1970 Cal. App. LEXIS 2046·8 Cal. App. 3d 359·87 Cal. Rptr. 394

Court of Appeal of CaliforniaMay 29, 1970Crim. 7753California11,631 words

Opinion

Rattigan, J.

Huey P. Newton appeals from a judgment convicting him of voluntary manslaughter.

Count One of an indictment issued by the Alameda County Grand Jury in November 1967, charged defendant with the murder (Pen. Code, § 187) of John Frey; count Two, with assault with a deadly weapon upon the person of Herbert Heanes, knowing or having reasonable cause to know Heanes to be a peace officer engaged in the performance of his duties (Pen. Code, § 245b); count Three, with the kidnaping of Dell Ross. (Pen. Code, § 207.) The indictment also alleged that defendant had previously (in 1964) been convicted of assault with a deadly weapon, a felony. He pleaded not guilty to all three counts and denied the prior.

After the People rested during the lengthy jury trial which followed in 1968, and pursuant to Penal Code section 1118.1, the trial court granted defendant’s motion for acquittal on count Three (the Ross kidnaping). Similar motions, addressed to the other counts, were denied. The jury acquitted him of the Heanes assault charged in count Two, but found him guilty of the voluntary manslaughter of Frey under count One. The jury also found the charge of the prior felony conviction to…

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Parties

The PEOPLE
Plaintiff
HUEY P. NEWTON
Defendant

Judges

Rattigan

Cites (52)

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66 Cal. 2d 749
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