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5th Cir 9th Cir accused addict affirmed alleged American Law Institute appellant applied arrest assault attempt automobile believe burglary Cal.Rptr California charged circumstances committed common law Commonwealth conduct consent conspiracy constitutional conviction counsel Court of Appeals Crim crime criminal law death deceased decision defendant defendant's drug evidence ex rel exclusionary rule F.R. Cr fact federal felony fendant force Fourth Amendment guilty harm held homicide indictment injury judge judgment jurisdiction jury Justice killing L.Ed larceny Legislature liability M'Naghten Rules malice malice aforethought manslaughter ment mental Miranda Miranda warnings Model Penal Code narcotics negligence offense Penal Law person possession probable cause Proc procedure prosecution provides punishment purpose question rape reasonable responsibility result reversed robbery rule S.Ct second degree Sixth Amendment statute statutory stolen sufficient supra Supreme Court testified testimony theft tion trial court United unlawful vehicle victim violation voluntary manslaughter warrant