§Why CasetextPricing

MAGNESS v. S.C. (PEOPLE)

Real Party in Interest, The People, Reply Brief on the Merits

5 Cited authorities

  1. People v. Valencia

    28 Cal.4th 1 (Cal. 2002)   Cited 103 times
    Holding that a trial court's instructions must resolve a legal issue for the jury, and may not invite the jury to resolve the question for itself

  2. People v. Gauze

    15 Cal.3d 709 (Cal. 1975)   Cited 215 times
    Holding that defendant could not be guilty of burglarizing his own home

  3. People v. Davis

    18 Cal.4th 712 (Cal. 1998)   Cited 83 times
    Holding that passing a forged check through the window chute of a business's walk-up window did not constitute a burglarious entry, because doing so did not violate the owner's possessory interest in the building

  4. People v. Calderon

    158 Cal.App.4th 137 (Cal. Ct. App. 2007)   Cited 15 times
    Kicking the door of a home satisfies the entry element because "'some part of his . . . body or some object under his control penetrates the area inside the building's outer boundary'"

  5. People v. Ravenscroft

    198 Cal.App.3d 639 (Cal. Ct. App. 1988)   Cited 21 times
    Holding that "[t]he insertion of an ATM card to effectuate larcenous intent is no less an entry into the air space of a bank as would be the use of any other tool or instrument"