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Criminal Law Keyed to Lee
People v. Ceballos
Citation:
12 Cal.3d 470, 526 P.2d 241, 116 Cal.Rptr. 233 (1974)
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
The defendant lived alone. His regular living quarters were above the garage, but he sometimes slept in the garage and he stored $2,500 worth of property there. In March of 1970, some tools were stolen from his home. In May of 1970, he noticed the lock on his garage was bent and pry marks were on one of the doors. The next day he mounted a loaded pistol in the garage, aimed at the center of the garage doors and was connected by a wire to one of the doors. The pistol would discharge if the door was opened several inches.
The damage to the lock was done by two teenagers. They returned to the defendant’s house while he was away, and succeeded in removing the lock. The gun went off and hit one of them.
The defendant was convicted by a jury of assault with a deadly weapon. He appealed, contending that his conduct was not unlawful because the victim was attempting to commit burglary when hit by the trap gun.
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Topic Resources
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