# People v. Satchell

> California Supreme Court · November 4, 1971 · 6 Cal. 3d 28

URL: https://www.frixlaw.com/law-library/cases/9551814

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. JOHN M. SATCHELL, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** November 4, 1971
- **Citations:** 6 Cal. 3d 28; 98 Cal. Rptr. 33; 489 P.2d 1361; 50 A.L.R. 3d 383; 1971 Cal. LEXIS 198
- **Precedential status:** Published
- **Opinion:** Dissent by McCOMB
- **Judges:** Sullivan, McComb
- **Cited by:** 123 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by People v. Flood, 76 Cal. Rptr. 2d 180 (1998).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9551814

## How later opinions describe it (automated extraction)

- holding that the unlawful possession of a firearm by a convicted felon, when viewed in the abstract, is not a felony inherently dangerous to human life and will not support a felony-murder charge
- holding that under the elements test, possession of a firearm was passive and not a felony inherently dangerous to human life

## Opinion text

McCOMB, J.
I dissent.I would affirm the judgment because I do not believe the error has resulted in a miscarriage of justice. The judgment, therefore, should not be reversed, for the reason that article VI, section 13, of the California Constitution provides: “No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the *44 jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9551814. Public record. Not legal advice.