Does a defendant have to be found guilty of making a specific intent threat?

California, United States of America


The following excerpt is from People v. Stark, 26 Cal.App.4th 1179, 31 Cal.Rptr.2d 887 (Cal. App. 1994):

People v. Dollar, supra, does not aid defendant. In that case the accused, who had previously been convicted of committing a lewd and lascivious act upon the victim, was thereafter convicted of threatening her (Pen.Code, 139) after he had unsuccessfully attempted to grab her and, as she was running away, yelled, "I'll get you soon, bitch." (At p. 1338, 279 Cal.Rptr. at p. 503.) On appeal the accused contended the trial court erred in instructing the jury the offense was a general rather than specific intent crime.

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