People v. Gauze

Opinion

MOSK, J.

Can a person burglarize his own home? That is the quandary which emerges in the case of James Matthew Gauze, who appeals from a judgment of conviction of assault with a deadly weapon (Pen. Code, § 245, subd. (a)) and burglary (Pen. Code, § 459).

Defendant shared an apartment with Richard Miller and a third person and thus had the right to enter the premises at all times. While visiting a friend one afternoon, defendant and Miller engaged in a furious quarrel. Defendant directed Miller to “Get your gun because I am going to get mine.” While Miller went to their mutual home,…