The Joy of Demurring
"Your Honor, my client would like to withdraw his plea of not guilty. He appears to have been charged with a crime that does not exist."*
I could swear I heard the ghost of Franz Kafka chuckling in Department 8 this morning as I spoke.
* Mr. O. had been charged with a felony violation of California Penal Code section 422.7(b); "a crime that does not exist," according to People v. Wallace (2003) 109 Cal.App.4th 1699.
posted by brainmarket @ 9:16 PM
8 Comments:
That's funny. I suppose that someone wanted to charge Mr. O with a hate crime. I'd think though, that reading the code section would tell a filing deputy that 422.7 is a sentencing provision.
That's a great quote from the court of appeal. I am inspired to do some legal research on one of my own cases.
Same thing goes for Penal Code section 186.22(d), btw.
Maybe I could comment if you weren't speaking in numbers like you're The Borg.
my tummy hurts but ur sleeping so i cant tell u.
Screeching...to...a...halt...
Yes nimiwey, my blog appears to be grinding to a halt. That's the price of maintaining a lean blog instead of a verbose outfall. Any suggestions?
DaDa,
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Just food for thought
Copernicus
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