(Download) "Rosen v. Robert P. Warmington Co." by Fourth Appellate District, Division Three Court of Appeal of California # eBook PDF Kindle ePub Free
eBook details
- Title: Rosen v. Robert P. Warmington Co.
- Author : Fourth Appellate District, Division Three Court of Appeal of California
- Release Date : January 31, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
No one can be criminally punished in this country, except according to a law prescribed for his government by the sovereign authority before the imputed offense was committed, and which existed as a law at the time. (Kring v. Missouri (1882) 107 U.S. 221, 235 [27 L.Ed. 506, 511, 2 S.Ct. 443].) Guided by this fundamental principle of due process, we confront the question, not yet addressed in the wake of People v. Anderson (1987) 43 Cal. 3d 1104 [240 Cal. Rptr. 585, 742 P.2d 1306], whether its holding eliminating intent to kill as an element of the felony-murder special circumstance (Pen. Code, § 190.2, subd. (a)(17)) may be applied retroactively to crimes committed during the period when Carlos v. Superior Court (1983) 35 Cal. 3d 131 [197 Cal. Rptr. 79, 672 P.2d 862], required proof of intentionality. In our resolution, we answer that it may not.