People v. Bray (1975)

US Criminal Law

People v. Bray
‘Still Life with a Gun’ by Alexi Antonov

Knowledge of a criminal act is unquestionably key to any successful conviction, as was shown here in a case between a previously convicted citizen and an irascible district attorney, whose sole prerogative appeared to stem not from lawful application but sheer bloody-mindedness.

Having been arrested in conjunction with an earlier offence in Kansas 1969, the appellant was later sentenced to probation on grounds that his participation was deemed no greater than a misdemeanour, while a lack of criminal activity prior to his conviction noted a man of reasonable character, and so after relocating to California several years later, he was successful in (i) registering to vote, (ii) gaining employment requiring the use of a handgun, and (iii) the purchase and subsequent registration of such a weapon while disclosing his past without reservation.

A little over three years after establishing his new residency the respondent ordered an investigation of the appellant’s property, during which he cooperated and openly showed the investigators his .22 and .38 pistols, however he was still arrested and charged with felonious possession of a concealable firearm under § 12021 of the California Penal Code.

Following his conviction in the Superior Court of San Diego County, the appellant challenged the judgment in the California Fourth District Court of Appeals on grounds that the trial court erred in failing to instruct the jury that ignorance and mistake of fact were viable defences as per § 4.35 of the California Jury Instructions-Criminal (CALJIC), which read that:

“An act committed or an omission made under an ignorance or mistake of fact which disproves any criminal intent is not a crime. Thus a person is not guilty of a crime if he commits an act or omits to act under an honest and reasonable belief in the existence of certain facts and circumstances which, if true, would make such an act unlawful.”

Whereupon the court referred to People v. Hernandez, in which the California Supreme Court had held that:

“[T]he courts have uniformly failed to satisfactorily explain the nature of the criminal intent present in the mind of one who in good faith believes he has obtained a lawful consent before engaging in the prohibited act.”

Before noting how in People v. Vogel the same court had also held that:

[T]he intent with which the unlawful act was done must be proved as well as the other material facts stated in the indictment; which may be by evidence either direct or indirect, tending to establish the fact, or by inference of law from other facts proved.”

And so in light of the obvious judicial oversight, the court sustained the motion that when adjudged as no more than a past minor offender, the appellant had therefore lawfully obtained and exercised his rights when possessing the very items relied upon to convict him, whereupon the previous judgment was reversed in full, while the court reminded the respondents that:

“[K]nowledge that one is a felon becomes relevant where there is a doubt the defendant knew he had committed a felony.”

Greiner v. Greiner (1930)

US Contract Law

Greiner v Greiner
Image: ‘Plaza Lights, Kansas City’ by Thomas Kinkade

Inducement of consideration on the part of a promisee to a contract, whether written or oral, is an action that while not seemingly of benefit to the promisor, requires completion of the gesture by lawful means should natural justice be seen to be done.

In 1926, the appellant inherited a substantial amount of land from one of her sons, after which she aimed to use it to make amends for her late husband’s death, whose own will had disinherited four of his children, while the remaining four became beneficiaries to portions of his estate.

By way of reparation, the appellant sought the counsel of a number of those children, while on a number of occasions, explaining that she intended for the respondent to relocate from his home in Logan County, to a plot estimated at around 80-97 acres in size. This became problematic for the respondent as he was indebted by way of mortgage and could not just ‘up sticks’ and move, at which point the appellant took steps to reassign the mortgage to herself, so as to allow the respondent to take up residence on the land set aside for him.

This was duly executed until around a year later, when the respondent was served with a notice to quit by one of his brothers, whereupon he sought remedy by way of a conveyance from the appellant to support his right to title. Given that the appellant was illiterate, it became apparent that she had not taken the steps needed to complete such a disposition, but had instead relied upon her own insistence that she would bequeath him the land by way of a will, which was yet to be drafted.

When heard at the district court, the judge ruled in favour of the respondent, whereupon the appellant contested it within the Supreme Court of Kansas. Here, reference was made to s.32 of the Restatement Law of Contracts which reads:

“In case of doubt an offer is interpreted as inviting the offeree to accept either by promising to perform what the offer requests or by rendering the performance, as the offeree chooses.”

While s.90 of the same document reads:

“A promise which the promisor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of the promisee and which does induce such action or forbearance, is binding if injustice can be avoided only by enforcement of the promise.”

Which translated that despite a failure to endorse her intentions through written expression, the appellant had by virtue of her repeated declarations, created an enforceable contract of disposition that by extension had led to the relocation of the respondent on the pretence that title was both implied and ultimately due through either deed or testamentary powers. It was this irreversible fact that led the Court to uphold the previous decision and dismiss the appeal outright on grounds that financial remedy would not be sufficient to the cause in hand.