People v. Gorshen

51 Cal. 2d 716 · California Supreme Court · 1959

Facts

Defendant, a longshoreman, consumed alcohol and then engaged in an altercation with his foreman, Joseph O’Leary, at work. During the fight, O'Leary knocked defendant down and kicked him, causing injuries that required hospital treatment. While being driven back to the pier, and again upon arrival, defendant threatened to go home, retrieve a gun, and kill O'Leary. Defendant then drove to his house, obtained a pistol, and returned to the pier. Upon encountering O'Leary, defendant produced the gun and shot him, resulting in O'Leary's death and the wounding of another individual.

Procedural history

Defendant pleaded not guilty to a charge of murder. A jury trial was waived, and the court found the defendant guilty of second-degree murder. The defendant appealed from this judgment.

Issue

Can psychiatric testimony regarding a defendant's abnormal mental condition, not amounting to legal insanity, be considered by the trier of fact to negate the specific mental states, such as malice aforethought and intent to kill, required for murder or its degree?

Holding

Yes, such evidence is admissible and must be considered by the trier of fact to determine if the defendant possessed the requisite specific mental states. The trial court properly considered this evidence, and the judgment of second-degree murder is affirmed.

Rule

Competent evidence of a defendant's mental abnormality, not constituting legal insanity, is admissible and must be considered by the trier of fact to determine if the defendant possessed the specific mental states (e.g., malice aforethought, intent to kill, premeditation, deliberation) essential to a particular crime or degree of crime. This evidence functions as a "partial defense" to negate specific intent, not a complete defense. The court reasoned that Penal Code § 22, which allows consideration of intoxication for "any particular purpose, motive, or intent," applies to mental states like malice aforethought, making it fair and reasonable to allow subjective evidence of mental condition.

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