Is there any case law in which a defendant has been found guilty of assault on a cohabitant while they slept or rested?
California, United States of America
The following excerpt is from The People v. Harding, B212782, No. GA059066 (Cal. App. 2010):
stabbed the cohabitant with a knife while the cohabitant slept or rested. The fact the incidents had separate victims does not dissipate the probative value of the prior incident. Indeed, because the evidence of the prior assault came from an independent source, the danger of fabrication was reduced. (See People v. Ewoldt (1994) 7 Cal.4th 380, 404-405.)
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