The following excerpt is from U.S. v. Brady, 579 F.2d 1121 (9th Cir. 1978):
( b) The appellants advance the corresponding argument that there is no evidence to support a finding of guilty intent to commit the crime of voluntary manslaughter. We disagree. It is the jury's exclusive function to determine the credibility of the witnesses, resolve evidentiary conflicts and draw reasonable inferences from the proven facts. United States v. Kelly, supra. It is difficult to imagine a state of facts which present a stronger case of direct participation than that here presented. The savage assaults on decedent by each of appellants, as shown by the record, beyond question form an adequate basis for a jury finding of specific intent. The court gave the jury the standard instruction on reasonable doubt, and a standard instruction on intent. 1
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.