People v. Man

Appellate Division of the Superior Court of California

Decided April 23, 1974

Appellate Division of the Superior Court of California · decided 1974-04-23

Cited by 3 later decisions — most recently March 1985

3 state decisions

Key passage — most relied on by later courts

“when he intends to do such act; and one does an act”

quoted by 1 later decision, including 162 Cal. App. 3d 1 - People v. Weber

Good law ✅— No negative treatment on recordhow we know

Decided 1974-04-23

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MARSHALL, J.

¶1I concur but would emphasize the point that there is a distinction to be drawn between the terms “willfully” and “maliciously.” *Supp. 6One does an act “willfully” when he intends to do such act; and one does an act “maliciously” when, inter alia (Pen. Code, § 7, subd. 4), he intends to do such act and knows that it is a wrongful act, i.e., one banned by law. In this case, the defendants intended to obstruct the machine and knew that such obstruction was a wrongful act. Hence, we must find a violation of section 647c, however laudable the defendants’ motives may be.