Is the opinion of the Court of Appeal holding that arson is a specific intent crime?

California, United States of America


The following excerpt is from People v. Fabris, 31 Cal.App.4th 685, 37 Cal.Rptr.2d 667 (Cal. App. 1995):

The opinion is criticized in People v. Glover (1991) 233 Cal.App.3d 1476, 1479, 285 Cal.Rptr. 362, People v. Lopez (1993) 13 Cal.App.4th 1840, 1844-1846, 17 Cal.Rptr.2d 317, and People v. Fry (1993) 19 Cal.App.4th 1334, 1338-1339, 24 Cal.Rptr.2d 43, as departing from precedent in holding that arson is a specific intent crime. The criticism is misinformed. 4 Stonewall F. does not characterize arson as a specific intent crime and expressly eschews resolution of the issue. (See 208 Cal.App.3d at p. 1064, fn. 8, 256 Cal.Rptr. 578.)

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