People v. Lee Kong
People v. Lee Kong (1892) case / From Wikipedia, the free encyclopedia
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People v. Lee Kong, 95 Cal. 666 (1892), is a case in which the defendant claimed the "impossibility" defense to charges of assault, on the basis of a mistake in fact.[1] The ultimate issue in this case is whether the defendant's actions and intent warrant criminal sanctions even though he failed to achieve a criminal act because the act itself was factually impossible to commit.[2]
Quick Facts People v. Lee Kong, Decided August 22, 1892 ...
People v. Lee Kong | |
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Decided August 22, 1892 | |
Full case name | The People, Respondent, v. Charlie Lee Kong, Appellant. |
Citation(s) | 95 Cal. 666; 30 P. 800 |
Holding | |
A defendant who fires a shot at another person, but misses due to mistaking the target's location, is still guilty of a criminal charge of assault. Judgement affirmed. | |
Court membership | |
Chief Justice | William H. Beatty |
Associate Justices | John Sharpstein, Van R. Paterson, Charles N. Fox, John J. De Haven, Charles H. Garoute, Ralph C. Harrison |
Case opinions | |
Majority | Garoute, joined by Paterson |
Concurrence | Harrison |
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