People v. Moreland

Opinion

TUTTLE, J.* —

On December 28, 1976, defendant was charged in an information with a violation of section 246 of the Penal Code.1 At that time section 246 read in pertinent part: “Any person who shall maliciously and wilfully discharge a firearm at an inhabited dwelling house or occupied building, is guilty of a felony, ...” (Stats. 1949, ch. 698, § 1, p. 1200.)2

The question presented in this appeal is of fundamental significance: In determining whether defendant was properly charged with a violation of section 246, should the words “inhabited dwelling house or *15occupied building” as used…