People V. Lee Kong
Supreme Court of California, State Court (United States)
Herausgegeben: Apostol, Klaas
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Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. People v. Lee Kong 95 Cal. 666, (1892) is a case in which the defendant claimed the "impossibility" defense to charges of assault, on the basis of a mistake in fact. The ultimate issue in this case is whether the defendant's actions and intent warrant criminal sanctions even though he failed to achieve a criminal act because the act itself was factually impossible to commit.A policeman cut a hole through the roof of Lee Kong's building in order to observe Kong gamble....
Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. People v. Lee Kong 95 Cal. 666, (1892) is a case in which the defendant claimed the "impossibility" defense to charges of assault, on the basis of a mistake in fact. The ultimate issue in this case is whether the defendant's actions and intent warrant criminal sanctions even though he failed to achieve a criminal act because the act itself was factually impossible to commit.A policeman cut a hole through the roof of Lee Kong's building in order to observe Kong gamble. Kong, knowing of the hole, fired his gun through the hole in the roof at the spot where he thought a policeman was located. Because the officer had moved from that spot to another, the shot did not hit him. Kong claimed that since he was mistaken in fact, it was impossible for him to commit the crime. Kong was convicted and appealed to the California Supreme Court.
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