PEOPLE V. CEBALLOS
12 Cal.3d 470, 116 Cal.Rptr. 233, 526 P.2d 241 (1974)
NATURE OF THE CASE: Ceballos (D) appealed his conviction for assault with a deadly weapon.
FACTS: D lived alone in living quarters which were above a garage. D sometimes slept in
the garage and had about $2,500 worth of property there. In March 1970 some tools were
stolen from D's home. On May 12, 1970, D noticed the lock on his garage doors was bent and
pry marks were on one of the doors. The next day he mounted a loaded .22 caliber pistol in
the garage aimed at the center of the garage doors and connected by a wire to one of the
doors so that the pistol would discharge if the door was opened several inches. The two
culprits were 15 and 16. Neither of them was armed with a gun or a knife. They returned to
the house when D was away and when the 16-year-old, Stephen, removed the lock on the garage
and opened the door, he was hit in the face with a bullet from the pistol. Stephen
testified: He intended to go into the garage '[for] musical equipment' because he had a debt
to pay to a friend. His 'way of paying that debt would be to take [defendant's] property and
sell it' and use the proceeds to pay the debt. He 'wasn't going to do it [i.e., steal] for
sure, necessarily.' He was there 'to look around,' and 'getting in, I don't know if I would
have actually stolen.' D was indicted for assault with a deadly weapon. D admitted to
setting up the trap gun. D was found guilty. D appealed. D claims that his conduct was not
unlawful because the alleged victim was attempting to commit burglary.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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