GUILTY or NOT?

GUILTY or NOT? / Case library

The Early Morning Stop

People v. Newton (1968)

Charge: Murder — Second Degree Heard on GUILTY or NOT?: 17 June 2026

The facts

At approximately 4:51 AM on October 28, 1967, an Oakland Police officer spotted a Volkswagen on his patrol beat that records identified as a known Black Panther Party vehicle. He stopped it at Seventh and Willow Streets, calling for backup. A second officer arrived. The driver identified himself as the Defendant, co-founder and Minister of Defense of the Black Panther Party. What happened next was violently disputed. Both officers and the Defendant were shot in the altercation that followed. The officer was hit five times and died before reaching the hospital; a second officer was shot twice and survived; the Defendant was shot once in the abdomen. When other officers arrived, the Defendant and his passenger had fled, and the first officer's service weapon was missing. The Defendant testified at his 1968 trial that the officer struck him, and he then felt a sensation like "boiling hot soup" in his stomach from a gunshot wound. After that, he said he had no memory of anything until he found himself at Kaiser Hospital — he was "unconscious or semiconscious" in the interval. A Defence physician testified that a penetrating abdominal wound can cause a "profound reflex shock reaction" resulting in loss of consciousness.

You have the facts the court had. Did the prosecution prove it? Render your verdict in the game, then see what the court actually decided — and why.

Citation: 8 Cal.App.3d 359, 87 Cal.Rptr. 394 (Cal. Ct. App. 1970)

Read the full decision at law.justia.com. The source reveals the outcome.

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