People v. Anthony J.

Good Law
1999 Cal. App. LEXIS 587·72 Cal. App. 4th 1326·85 Cal. Rptr. 2d 783·99 Daily Journal DAR 6021·99 Cal. Daily Op. Serv. 4728
Court of Appeal of CaliforniaJune 15, 1999No. A080758California1,094 words

Opinion

Lead Opinion

Parrilli, J.

Under California law, “lynching” includes not only the notorious form of lynch mob behavior that aims to take vengeance on the victim, but also any participation in riotous conduct aimed at freeing a person from the custody of a peace officer. Accordingly, we conclude that a person who takes part in a riot leading to his escape from custody can be convicted of his own lynching.

*1328 Anthony J. appeals from a dispositional order committing him to the Log Cabin Ranch School for a maximum period of eight years, six months. The juvenile court upheld allegations charging Anthony with resisting arrest, lynching, aggravated assault on an officer, assault, and petty theft. On appeal, Anthony challenges only the finding on the lynching charge, which arose from events following his arrest by police officers on a warrant for auto theft. The officers succeeded in handcuffing Anthony, though he struggled with them and repeatedly yelled for assistance to a crowd that eventually swelled to 200 or 300 people. After being handcuffed, Anthony continued his attempts to break away and his appeals for assistance from the crowd. The crowd finally charged the officers and pulled Anthony away.…

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