People v. Dillard

154 Cal.App.3d 261 (1984)

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Nature of the Case

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Facts

A police officer noticed Dillard (D) riding a bicycle carrying what appeared to be a rifle case. D was stopped and was told to place the case on the ground and stand by the patrol car. The rifle had one round in the chamber with six more inside the cylinder. D stated that the rifle belonged to him and he had gotten it from his stepfather’s house but had not opened it when he left the home. D was charged with a misdemeanor of carrying a loaded firearm in a public place. Under the Harrison case, the court ruled that it was irrelevant that D did not know the rifle was loaded. D objected, and over D’s objections, the jury was so instructed that knowledge of it being loaded was not part of the crime. D appealed contending that not requiring knowledge of the gun being loaded violates due process under Chambers and also that to constitute a crime, there must be a union of an act and wrongful intent (Vogel).