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People V. Lee Kong
''People v. Lee Kong'', (1892), is a case in which the defendant claimed the "impossibility" defense to charges of assault, on the basis of a mistake in fact. The ultimate issue in this case is whether the defendant's actions and intent warrant criminal sanctions even though he failed to achieve a criminal act because the act itself was factually impossible to commit. Circumstances A policeman cut a hole through the roof of Lee Kong's building in order to observe Kong gamble. Kong, knowing of the hole, fired his gun through the hole in the roof at the spot where he thought a policeman was located. Because the officer had moved from that spot to another, the shot did not hit him. Kong claimed that since he was mistaken in fact, it was impossible for him to commit the crime. Kong was convicted and appealed to the California Supreme Court. Decision The California Supreme Court stated that the exact location of the policeman, as long as he was is in range of being shot by the defe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William H
William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will, Wills, Willy, Willie, Bill, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play ''Douglas''). Female forms are Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the given name ''Wilhelm'' (cf. Proto-Germanic ᚹᛁᛚᛃᚨᚺᛖᛚᛗᚨᛉ, ''*Wiljahelmaz'' > German ''Wilhelm'' and Old Norse ᚢᛁᛚᛋᛅᚼᛅᛚᛘᛅᛋ, ''Vilhjálmr''). By regular sound changes, the native, inherited English form of the name shoul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Supreme Court
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any California j ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1892 In California
Year 189 (Roman numerals, CLXXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Silanus and Silanus (or, less frequently, year 942 ''Ab urbe condita''). The denomination 189 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Plague (possibly smallpox) kills as many as 2,000 people per day in Ancient Rome, Rome. Farmers are unable to harvest their crops, and food shortages bring riots in the city. China * Liu Bian succeeds Emperor Ling of Han, Emperor Ling, as Chinese emperor of the Han dynasty, Han Dynasty. * Dong Zhuo has Liu Bian deposed, and installs Emperor Xian of Han, Emperor Xian as emperor. * Two thousand Eunuch (court official), eunuchs in the palace are slaughtered in a violent purge in Luoyang, the capital of Han ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California State Case Law
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the most populated subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento is the state's capital, while Los Angeles is the most populous city in the state and the second most populous city in the country. San Francisco is the second most densely populated major city in the country. Los Angeles County is the country's most populous, while San Bernardino County is the largest county by area in the country. California borders Oregon to the north, Nevada and Arizona to the east, the Mex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1892 In United States Case Law
Year 189 ( CLXXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Silanus and Silanus (or, less frequently, year 942 '' Ab urbe condita''). The denomination 189 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Plague (possibly smallpox) kills as many as 2,000 people per day in Rome. Farmers are unable to harvest their crops, and food shortages bring riots in the city. China * Liu Bian succeeds Emperor Ling, as Chinese emperor of the Han Dynasty. * Dong Zhuo has Liu Bian deposed, and installs Emperor Xian as emperor. * Two thousand eunuchs in the palace are slaughtered in a violent purge in Luoyang, the capital of Han. By topic Arts and sciences * Galen publishes his ''"Treatise on the various temperaments"'' (aka ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Impossibility Defense
An impossibility defense is a criminal defense occasionally used when a defendant is accused of a criminal attempt that failed only because the crime was factually or legally impossible to commit. Factual impossibility is rarely an adequate defense at common law. This is not to be confused with a 'mistake of fact' defence, which may be a defence to a specific intent crime like larceny. Factual impossibility An impossibility occurs when, at the time of the attempt, the facts make the intended crime impossible to commit although the defendant is unaware of this when the attempt is made. In '' People v. Lee Kong'', 95 Cal. 666, 30 P. 800 (1892), the defendant was found guilty for attempted murder for shooting at a hole in the roof, believing his victim to be there, and indeed, where his victim had been only moments before but was not at the time of the shooting. Another case involving the defense of factual impossibility is '' Commonwealth v. Johnson'', in which a psychic he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State V
State may refer to: Arts, entertainment, and media Literature * '' State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our State'', a monthly magazine published in North Carolina and formerly called ''The State'' * The State (Larry Niven), a fictional future government in three novels by Larry Niven Music Groups and labels * States Records, an American record label * The State (band), Australian band previously known as the Cutters Albums * ''State'' (album), a 2013 album by Todd Rundgren * ''States'' (album), a 2013 album by the Paper Kites * ''States'', a 1991 album by Klinik * ''The State'' (album), a 1999 album by Nickelback Television * ''The State'' (American TV series), 1993 * ''The State'' (British TV series), 2017 Other * The State (comedy troupe), an American comedy troupe Law and politics * State (polity), a centralized political organizat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ultimate Issue (law)
An ultimate issue in criminal law is a legal issue at stake in the prosecution of a crime for which an expert witness is providing testimony. Example If the issue is the defendant's mental state at the time of the offense, the ultimate issue would be the defendant's sanity or insanity during the commission of the crime. In the past, expert witnesses were allowed to give testimony on ultimate issues, such as the applicability of the insanity defense to a particular defendant. However, after the 1982 trial of John Hinckley, Jr., the federal rules of evidence were changed. Now in the United States, federal courts and some states have rules of evidence that specifically rule out legal conclusions drawn by expert witnesses in their testimony. However, a large amount of judicial discretion is allowed in how this rule is applied, resulting in an uneven application of rules across jurisdictions. Definition The Federal Rules do not say what falls within the definition of an "ultimate iss ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Sharpstein
John Randolph Sharpstein (May 3, 1823 – December 28, 1892) was an American lawyer and judge. He was an associate justice of the Supreme Court of California for twelve years, and previously served as a member of the Wisconsin State Senate and Wisconsin State Assembly. Biography Sharpstein was born on May 3 or May 23, 1823 in Richmond, New York. In 1847, he moved to Sheboygan County, Wisconsin. Sharpstein was a member of the Wisconsin State Senate from 1852 to 1853, representing the 16th district in 1852 and the 8th district in 1853. He was a member of the Wisconsin State Assembly in 1863. Sharpstein was a District Attorney of Sheboygan County and of Kenosha County, Wisconsin. From 1853 to 1857, he was U.S Attorney of Wisconsin. In 1854, he represented the government in the fugitive slave cases, ''Ableman v. Booth'' and '' United States v. Booth'' (18 How. 476, 21 How. 506), appealing up to the Supreme Court of the United States, where Chief Justice Roger Taney wrote t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Impossibility Defense
An impossibility defense is a criminal defense occasionally used when a defendant is accused of a criminal attempt that failed only because the crime was factually or legally impossible to commit. Factual impossibility is rarely an adequate defense at common law. This is not to be confused with a 'mistake of fact' defence, which may be a defence to a specific intent crime like larceny. Factual impossibility An impossibility occurs when, at the time of the attempt, the facts make the intended crime impossible to commit although the defendant is unaware of this when the attempt is made. In '' People v. Lee Kong'', 95 Cal. 666, 30 P. 800 (1892), the defendant was found guilty for attempted murder for shooting at a hole in the roof, believing his victim to be there, and indeed, where his victim had been only moments before but was not at the time of the shooting. Another case involving the defense of factual impossibility is '' Commonwealth v. Johnson'', in which a psychic he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ralph C
Ralph (pronounced ; or ,) is a male given name of English, Scottish and Irish origin, derived from the Old English ''Rædwulf'' and Radulf, cognate with the Old Norse ''Raðulfr'' (''rað'' "counsel" and ''ulfr'' "wolf"). The most common forms are: * Ralph, the common variant form in English, which takes either of the given pronunciations. * Rafe, variant form which is less common; this spelling is always pronounced , as are all other English spellings without "l". * Raife, a very rare variant. * Raif, a very rare variant. Raif Rackstraw from H.M.S. Pinafore * Ralf, the traditional variant form in Dutch, German, Swedish, and Polish. * Ralfs, the traditional variant form in Latvian. * Raoul, the traditional variant form in French. * Raúl, the traditional variant form in Spanish. * Raul, the traditional variant form in Portuguese and Italian. * Raül, the traditional variant form in Catalan. * Rádhulbh, the traditional variant form in Irish. Given name Middle Ages * Ralp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
