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Keywords

jury instructions

defendantliabilitystatute

Related Cases

People v. Ceballos, 12 Cal.3d 470, 526 P.2d 241, 116 Cal.Rptr. 233

Facts

Ceballos lived alone in a home in San Anselmo, where he sometimes slept in the garage that contained about $2,000 worth of property. After noticing signs of attempted burglary, he set up a loaded trap gun aimed at the garage doors. On May 15, 1970, two boys attempted to break into the garage, and one of them was shot in the face by the trap gun. Ceballos claimed he set the trap to protect his property from theft.

Defendant lived alone in a home in San Anselmo. The regular living quarters were above the garage, but defendant sometimes slept in the garage and had about $2,000 worth of property there. In March 1970 some tools were stolen from defendant's home. On May 12, 1970, he 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. The pistol was aimed at the center of the garage doors and was connected by a wire to one of the doors so that the pistol would discharge if the door was opened several inches.

Issue

Was Ceballos justified in using a trap gun to prevent a burglary, and did the court err in its jury instructions regarding justification?

Defendant contends that had he been present he would have been justified in shooting Stephen since Stephen was attempting to commit burglary (Pen.Code, s 459), that under cases such as United States v. Gilliam, 25 Fed.Cas. p. 1319, No. 15, 205a, defendant had a right to do indirectly what he could have done directly, and that therefore any attempt by him to commit a violent injury upon Stephen was not ‘unlawful’ and hence not an assault.

Rule

The use of deadly force to prevent a burglary is only justified if the crime is of such a nature that it threatens death or serious bodily harm. The law does not permit the use of deadly mechanical devices in situations where the user is not present to assess the threat.

The issue of criminal liability under statutes such as Penal Code section 245 where the instrument employed is a trap gun or other deadly mechanical device appears to be one of first impression in this state.

Analysis

The court analyzed the circumstances of the attempted burglary and concluded that Ceballos's use of a trap gun was excessive and unjustified. The boys were not armed, and the nature of their intrusion did not pose a threat of serious bodily harm. The court emphasized that allowing deadly mechanical devices could endanger innocent lives and that Ceballos's actions did not meet the legal standards for justifiable use of force.

Conclusion

The court affirmed Ceballos's conviction, concluding that he was not justified in using deadly force to protect his property and that the jury instructions were appropriate.

The judgment is affirmed.

Who won?

The People (State) prevailed in the case as the court upheld the conviction of Ceballos for assault with a deadly weapon, finding his defense of justification lacking merit.

The People argue that the rule in Gilliam is unsound, that as a matter of law a trap gun constitutes excessive force, and that in any event the circumstances were not in fact such as to warrant the use of deadly force.

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