People v. Lathus

In People v. Lathus (1973) 35 Cal.App.3d 466, appellant was charged with and convicted of assault with a deadly weapon ( Pen. Code, 245, subd. (a)). The evidence showed that appellant, in a moving vehicle on a highway, fired several pistol shots at a car parked on the shoulder of the highway. A person standing outside and adjacent to the car was hit; a tire of the car was also hit. The defense was that appellant had not seen any person near the car and that he had not intended to shoot anyone. The issue on appeal was whether there was substantial evidence to support the verdict. Under the evidence, as the Lathus court pointed out, the jury could have reasonably found that appellant had "deliberately shot at the parked automobile with actual knowledge that there were people in or near it." (35 Cal.App.3d at p. 471.) Lathus said at page 470: "However, when an act inherently dangerous to others is committed with a conscious disregard of human life and safety, the act transcends recklessness, and the intent to commit the battery is presumed; the law cannot tolerate a deliberate and conscious disregard of human safety. Thus, if one deliberately employs a lethal weapon, such as a gun, with actual or presumptive knowledge that if utilized in the manner in which it is being used the infliction of serious bodily injury to another is very likely to occur, he is presumed to have intended the natural consequences of his deliberate act."