State v. Tyler

I respectfully dissent because I believe the instructions given to the jury were inadequate. Innocent and momentary handling of a sawed-off shotgun is, as the majority tacitly acknowledges, a defense to a charge of possession of a prohibited weapon. State v. Phinis, 199 Kan. 472, 482, 430 P.2d 251, 259 (1967) (statute forbidding possession of a weapon contemplates proof of possession which is more than innocent handling); State v. Flaherty, 400 A.2d 363, 367 (Me.1979) (although particular statute provided defense for innocent handling, such defense is available in the absence of such a…