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People v. Newton
''People v. Newton'', 8 Cal. App. 3d 359 (Ct. App. 1970), was a controversial appeal arising from the voluntary manslaughter conviction of Huey P. Newton, the reputed co-founder of the Black Panther Party for Self Defense. The California Court of Appeal reversed Newton’s conviction due to prejudicial error stemming from the trial court’s failure to instruct the jury as to the possibility of involuntary unconsciousness as a complete defense to the charges. Though Newton’s attorney arguably withdrew the defense at trial, the Court nonetheless held that the failure to instruct violated Newton’s constitutional right to have the jury determine all material issues based on the evidence. This case stands for the proposition that trial courts have an affirmative duty to instruct juries as to a defense of involuntary unconsciousness where there exists evidence that may support that conclusion.
==Background of the case==
In the early morning hours of October 28, 1967, Officer John Frey of the Oakland Police Department identified and stopped a Black Panther vehicle driven by Huey P. Newton along with an unidentified passenger. Officer Frey conducted the stop on the basis of outstanding warrants issued to a Laverne Williams for parking violations associated with the vehicle. Meanwhile, Officer Frey requested an additional patrol while investigating the apparent discrepancy between the driver’s identity and the registration for the vehicle.〔''People v. Newton'', 8 Cal. App. 3d 359 (Ct. App. 1970).〕
Officer Herbert Heanes, upon responding to the request for backup, asked Newton to step outside of the vehicle while Officer Frey informed Newton of his arrest. Officer Heanes testified that he heard a gunshot, which struck his arm, as Officer Frey accompanied Newton to the patrol car. During an ensuing physical altercation between Officer Frey and Newton, Officer Heanes shot Newton in the midsection. Officer Heanes further testified that he heard additional shots fired, though there was some discrepancy as to the order of the gunshots in the altercation. A nearby bus driver, however, witnessed the shooting. The bus driver testified that Newton produced a concealed firearm that “went off," striking Officer Heanes and that Newton also used this firearm to fire several more shots into Officer Frey, who ultimately was pronounced dead on arrival at Merritt Hospital. Newton was later arrested that morning in the emergency room at Kaiser Hospital in Oakland.〔
At his murder trial, Newton testified in his own defense that Officer Frey hurled racial epithets at him and struck him in the face. Newton further testified that after Officer Frey allegedly brandished his firearm, he experienced a “sensation like . . . boiling hot soup had been spilled on my stomach.”〔 Newton testified that after hearing a “volley of shots,”〔 he remembered nothing else until he arrived at Kaiser Hospital. Newton “expressly testified that he was ‘unconscious or semiconscious’ during this interval.”〔 In order to corroborate that testimony, the defense called Dr. Bernard Diamond, who stated that Newton’s recollection is consistent with a gunshot wound to the abdominal cavity, which is likely to produce a “profound reflex shock reaction” that can lead to a loss of consciousness.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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