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Criminal Law keyed to Dripps
People v. Ceballos
Citation:
12 Cal.3d 470, 116 Cal.Rptr. 233, 526 P.2d 241.
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
Defendant lived alone in quarters above his garage, and sometimes slept in his garage. Defendant kept approximately $2,000 worth of property in the garage. In March 1970, some tools were stolen from defendant’s garage. On May 12, 1970, the defendant notice pry marks on one of the garage doors and a bent lock. The next day he mounted a .22 caliber pistol in the garage that was connected by a wire to one of the garage doors and would discharge if the door was opened. The damage that occurred to defendant’s garage door on May 12 had been done by two teenage boys, Stephen and Robert. On the afternoon of May 15, 16 year-old Stephen and 15 year-old Robert returned unarmed to the defendant’s home while he was away. Stephen successfully removed the lock from defendant’s garage door with a crowbar and pulled the door outward. Stephen was hit in the face with a bullet from the pistol. Stephen later testified that he intended to go into the garage for some musical equipment to sell and use to pay off a debt, but was unsure if he was actually going to steal it. Defendant testified that he felt he needed to set up the trap gun to protect his home and he wanted to protect the property he had.
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