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Criminal Law Keyed to Weaver
People v. Gory
Citation:28 Cal.2d 450, 170 P.2d 433 (1946)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Gory was a prisoner at the Los Angeles County Honor Farm. He shared his living quarters with thirty or so other prisoners. Each prisoner received a metal box to place their toiletries and a few small personal belongings in. The boxes did not have locks and they were to be placed near the prisoner’s bed. During the course of the day one man was left in charge to make sure nobody tampered with other prisoners’ boxes while the prisoners were engaged in activities on the farm. One day officers entered the living quarters and started searching boxes, they found marijuana in Gory’s box and the officer told Gory it was Gory’s marijuana and wanted to know where Gory got it.
At trial two jury instructions were withdrawn from being given to the jury. The first instruction was regarding the fact that the jury would have to be convinced beyond a reasonable doubt that Gory had knowledge of the possession, and that possession includes the exercise of dominion and control over the object. The second instruction stated that the jury must also be convinced beyond a reasonable doubt that Gory had to have a guilty knowledge of the character and possession of the marijuana.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.