People v. Van Legett

OPINION OF THE COURT

Wallach, J.

Because the trial court’s charge failed to clarify the one serious issue in the case, that is, whether defendant’s possession of a derringer pistol was, or was not, temporary and innocent, we reverse and remand for a new trial.

Taking the stand in his own behalf, defendant testified to the following as summarized by the court in its main charge. "Now comes the defense in this case. Defendant has told us and again, this is my recollection, you’re not bound by my recollection — that he was in the social club for several hours, two hours, two and-a-half hours — if I…