# People v. Flannel

> California Supreme Court · November 13, 1979 · 25 Cal. 3d 668

URL: https://www.frixlaw.com/law-library/cases/9628316

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. CHARLES M. FLANNEL, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** November 13, 1979
- **Citations:** 25 Cal. 3d 668; 160 Cal. Rptr. 84; 603 P.2d 1; 1979 Cal. LEXIS 330
- **Precedential status:** Published
- **Opinion:** Concurrence by Richardson
- **Judges:** Tobriner, Richardson, Bird
- **Cited by:** 573 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated on other grounds by People v. Martinez, 20 Cal. 4th 225 (1999).
- Negative treatments: 3
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9628316

## Opinion text

RICHARDSON, J.
I concur in the judgment and in the lead opinion of Justice Tobriner, except to the extent it announces the new rule that *687 the principles of sua sponte instruction shall apply in future cases to the rule that an honest but unreasonable belief in the need to defend oneself negates malice aforethought and reduces the offense to manslaughter. In my view, we need not and should not reach this question in the present case.
Clark, J., and Manuel, J., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9628316. Public record. Not legal advice.