Penal Code 191 PC | Petit Treason Abolished

Penal Code 191 PC – Petit Treason Abolished

California Penal Code 191 PC abolished the common law crime of petit treason. Petit treason was when a wife killed her husband or a servant killed his master. It was considered a worse form of murder. But now, under PC 191, if a wife kills her husband or a servant kills his master, it is simply murder or manslaughter. There is no special crime of petit treason anymore.

What is Petit Treason?

At common law, petit treason was considered a worse form of murder. There were three situations where a homicide was petit treason:

• When a servant killed his master
• When a wife killed her husband
• When a clergyman killed his prelate

These crimes were considered worse than regular murder because they violated the loyalty and allegiance that was expected in these relationships. So they were punished more harshly than other murders.

For example, at common law, the punishment for petit treason by a man was to be drawn and hanged. Whereas the punishment for regular murder was just hanging. And for a woman who committed petit treason, the punishment was to be burned at the stake.

Petit Treason Abolished in California

California Penal Code 191 PC abolished the common law crime of petit treason. California enacted this law back in 1872. The legislature believed it was outdated for certain murders to be treated differently just because of the relationship between the victim and killer.

So in California today, if a wife kills her husband or a servant kills his master, it is simply murder or manslaughter under PC 187. There is no special crime of petit treason anymore. And the punishment is the same as for any other murder or manslaughter.

Legal Definitions

Let’s take a closer look at some of the key terms related to this California law abolishing petit treason:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Murder

Murder is the unlawful killing of a human being with malice aforethought, per Penal Code 187 PC. First degree murder is generally premeditated killing or killing during certain felonies. Second degree murder is any other type of murder done with malice.

Manslaughter

Manslaughter is an unlawful killing without malice, per Penal Code 192 PC. There are two types: voluntary manslaughter is killing in a sudden quarrel or heat of passion. Involuntary manslaughter is killing through criminal negligence.

Common Law

Common law refers to the legal system that originated in England in the Middle Ages. It relies on judges’ prior decisions as the basis for deciding new cases. California largely abolished common law crimes by statute.

Precedent

Precedent refers to a court decision that is considered as authority for deciding subsequent similar cases. For example, California court decisions interpreting PC 191 help clarify that petit treason is abolished.

Legal Defenses

Since petit treason itself is abolished, there are no specific defenses to that crime anymore. However, there are various legal defenses that could apply if a wife or servant kills and gets charged with murder or manslaughter.

Self-Defense

Acting in self-defense is a complete defense to murder or manslaughter in California. If the wife or servant reasonably believed they were in imminent danger, and used reasonable force, they can argue self-defense.

Accident

If the death was a true accident, with no criminal negligence, then there is no crime at all. For example, if the wife accidentally killed her husband while cleaning a gun.

False Accusations

If there is evidence the charges are completely false or mistaken, then a good defense attorney can get the case dismissed for lack of evidence.

Penalties

Since petit treason itself is abolished in California, there are no penalties for that specific crime. But if a wife or servant kills and gets convicted of murder or manslaughter, here are the potential sentences:

• First degree murder – 25 years to life in California prison
• Second degree murder – 15 years to life
• Voluntary manslaughter – 3, 6, or 11 years in prison
• Involuntary manslaughter – 2, 3, or 4 years in county jail

Related Offenses

There are a few other crimes under California law that are related to or overlap with this abolished crime of petit treason.

Domestic Violence

If a wife kills her husband, it could potentially be charged as domestic violence murder under Penal Code 13700 PC. This can lead to enhanced penalties.

Elder Abuse

If an elderly master is killed by a servant, it could potentially be charged as elder abuse homicide under Penal Code 368 PC. Again this can mean harsher punishment.

Example Case

Here is an example of a California case that cited Penal Code 191 and the abolishment of petit treason (although the case itself did not involve spousal or servant murder):

People v. Snyder (1888) 75 Cal. 323.

Defendant was convicted of murdering a man who had been intimate with his wife. On appeal he argued it should be considered manslaughter due to provocation. But the Court affirmed the murder conviction, citing PC 191 and noting that California has abolished the common law doctrine of petit treason that once might have justified greater provocation.

Hiring an Attorney

As we can see, the abolished crime of petit treason has little relevance to prosecutions today in California. But if you are ever charged with murdering your spouse or master, it is critical to retain an experienced California homicide attorney. A skilled lawyer can evaluate your case and build an aggressive defense to get your charges reduced or dismissed.

References

• https://www.shouselaw.com/ca/defense/penal-code/191/
• https://casetext.com/statute/california-codes/california-penal-code/part-1-of-crimes-and-punishments/title-8-of-crimes-against-the-person/chapter-1-homicide/section-191-abolishment-of-common-law-distinguishing-killing-of-master-by-servant-and-husband-by-wife-as-petit-treason
• https://law.justia.com/codes/california/2011/pen/part-1/187-199/191
• https://codes.findlaw.com/ca/penal-code/pen-sect-191/
• https://www.law.upenn.edu/faculty/paul-robinson/clrgcodes/California_1.html
• https://books.google.com/books?dq=Penal+Code+191+PC%3A+Petit+Treason+Abolished&hl=en&id=rl7QEAAAQBAJ&lpg=PT129&ots=tJLSWDkU07&pg=PT129&sa=X&sig=ACfU3U3DRVdUj_e8Je3emIAck1nEB36ETw&source=bl&ved=2ahUKEwi7lPvU4OWBAxUNjIkEHaynAzQQ6AF6BAgEEAE