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Criminal Law Simons, Volumes I and II

People v. Navarro

As we saw in Keeler (when the defendant "stomped" on his pregnant wife), California's statutory definitions of crimes often track the traditional common law definitions. (In other words, California has not followed the Model Penal Code). In this case, the California court considers how to evaluate a defendant's claim of mistake in the context of larceny (a specific intent crime). As you read Navarro, consider the following questions:

1. What crime was Navarro charged with? What are the elements of that offense?

2. What did Navarro do? What is his defense? What happened at trial? What is the issue on appeal? How does the court rule?

3. What is the common law rule on mistake of fact as laid out by Perkins in Navarro?