Armitage

People v. Armitage

Good Law

194 Cal. App. 3d 405·1987 Cal. App. LEXIS 2051·239 Cal. Rptr. 515

Court of Appeal of CaliforniaAugust 24, 1987C001349California7,263 words

Opinion

Sparks, J.

On a drunken escapade on the Sacramento River in the middle of a spring night, defendant David James Armitage flipped his boat over and caused his companion to drown. As a result of this accident, defendant was convicted of the felony of drunk boating causing death in violation of former Harbors and Navigation Code section 655, subdivision (c). He makes three claims on appeal. The first is that the evidence is insufficient because the prosecution failed to prove, in addition to operating the boat while under the influence of intoxicating liquor, that defendant committed “any act forbidden by law, or neglect[ed] any duty imposed by law” which caused the death of the victim. (Former Harb. & Nav. Code. § 655. subd. (c).) The dispute is over what “law” is referred to in the statute. We hold that the term “law” includes at least the safety regulations adopted by the Department of Boating and Waterways, as well as other statutory provisions of the Harbors and Navigation Code, which forbid acts by, or impose duties upon, the operator of a vessel. So construed, we conclude that reckless or negligent boating in violation of Harbors and Navigation Code section 655, subdivision (a)…

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Parties

The PEOPLE
Plaintiff
DAVID JAMES ARMITAGE
Defendant

Judges

Sparks

Cites (44)

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173 Cal. App. 3d 663
168 Cal. App. 3d 642
230 Cal. App. 2d 80
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2 Cal. 3d 619
100 Cal. App. 261
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35 Cal. 2d 175
41 Cal. 3d 651
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48 Cal. 2d 394
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121 Cal. App. 2d 564
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14 Cal. App. 2d 403
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71 Cal. 2d 194
176 Cal. App. 2d 330
56 Cal. 2d 288
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256 U.S. 335
71 Cal. App. 3d 1
36 Cal. 3d 604
121 Cal. App. 3d 36
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140 Cal. App. Supp. 3d 1
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35 Cal. App. 3d 812
56 Cal. App. 3d 723
96 Cal. App. 3d 390
71 Cal. App. 2d 773
197 Cal. App. 2d 242
134 Cal. App. 3d 1