Does the victim's fleeing after being disarmed demonstrate his intent to withdraw from the fight?
California, United States of America
The following excerpt is from People v. Jones, A137714, A141861 (Cal. App. 2016):
6. Contrary to defendant's contention, whether the victim's act of fleeing after being disarmed demonstrated his intent to withdraw from the altercation was a question of fact for the jury. (See People v. Nem (2003) 114 Cal.App.4th 160, 166-167 [withdrawal may be sufficient to communicate an intent to stop fighting in some situations and not others].)
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