California, United States of America
The following excerpt is from People v. Taylor, 6 Cal.App.4th 1084, 8 Cal.Rptr.2d 439 (Cal. App. 1992):
[6 Cal.App.4th 1092] Further, statutory interpretation does not fit within the definition of mixed questions of law and fact. "Mixed questions are those 'in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the [relevant legal ] standard, or to put it another way, whether the rule of law as applied to the established facts is or is not violated.' [Citation.]" (People v. Louis (1986) 42 Cal.3d 969, 984, 232 Cal.Rptr. 110, 728 P.2d 180, emphasis added.) Here, it is precisely the rule of law which is disputed: Viewed in the abstract, is furnishing PCP an inherently dangerous felony carrying a high probability death will result?
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