Legal Opinion
People v. Hamilton
California Court of Appeal
Decided January 29, 1998No. D026836PublishedCited by 8 opinions
1Opinion of the Court
Opinion
BENKE, J.
— Charged with four counts of attempted premeditated murder and other related offenses, Bernard Lee Hamilton was convicted of the lesser related offense of use of a tear gas weapon. In this opinion we conclude that to be guilty of the unlawful use of a tear gas weapon, it is unnecessary that the weapon be either loaded or operable.
Facts
A. Prosecution Case
On October 28, 1995, Kristina Machuta was at a party in Mira Mesa. Appellant, Machuta’s former boyfriend, also attended the party. At approximately 11 p.m., Machuta and several friends left the party in a car driven by Shalief…
2Cases cited8 opinions
- People v. SedenoCalifornia Supreme Court · 1974
- Evangelatos v. Superior CourtCalifornia Supreme Court · 1988
- People v. WimsCalifornia Supreme Court · 1995
- People v. DeLaCruzCalifornia Court of Appeal · 1993
- People v. DeskinCalifornia Court of Appeal · 1992
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. Tameka C.California Supreme Court · 2000
- People v. LochtefeldCalifornia Court of Appeal · 2000
- People v. BlakeCalifornia Court of Appeal · 2004
- People v. Mary H.California Court of Appeal · 2016
- People v. CampbellCalifornia Court of Appeal · 2000
3 more not listed; retrieve them via the Exa API.