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People v. Gauze

Supreme Court of California
542 P.2d 1365 (1975)


Facts

James Matthew Gauze (defendant) fought with his roommate, Richard Miller, while the two were visiting a friend. Before leaving the friend’s home, Gauze told Miller that he was going to get a gun. After borrowing a shotgun from his neighbor, Gauze returned to the apartment he shared with Miller and shot Miller in the side and in the arm. Gauze was convicted of assault with a deadly weapon and burglary. Gauze’s burglary conviction was predicated on his entry into the apartment with the intent to commit the assault against Miller. Gauze appealed his convictions.

Rule of Law

Issue

Holding and Reasoning (Mosk, J.)

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