Thurston

People v. Thurston

Good Law
71 Cal. App. 4th 1050·84 Cal. Rptr. 2d 221
Court of Appeal of CaliforniaApril 29, 1999E021995California2,043 words

Opinion

Opinion

McKINSTER, J.

In this appeal defendant contends that (1) the trial court mistakenly instructed the jury that infliction of corporal injury on the *Page 1052 mother of one's children is a general intent crime, and (2) even if the crime is one of general intent, the court still instructed erroneously on intent. FACTS AND PROCEDURAL HISTORY The People charged defendant with one count of infliction of corporal punishment resulting in a traumatic condition on the mother of his children (Pen. Code, § 273.5 , subd. (a)). 1 A jury found him guilty of the charge, and the trial court suspended proceedings, granting defendant probation on the condition, among others, that he serve 120 days in jail. Because defendant raises no issue regarding the sufficiency of the evidence upon which he was convicted, only a brief description of the evidence is necessary. The People introduced evidence that defendant argued with his children's mother over money, pushed and shoved her, pinned her against an object in the kitchen, and hit her with a milkshake glass. The blow cut her head, and she also sustained another cut, bruises and scratches. She stabbed defendant in the chest with a knife or fork in self-defense. She…

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