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Gordon (2001) 90 Cal.App.4th 1409 (Review denied), Division 1 of the Fourth District Court of Appeal found that possession of ninja rocks was not punishable under section 466 of the penal code. That court applied the ejusdem generis rule of construction , deciding that ninja rocks were not enough alike the then-listed burglary tools.
Volumes of the Thomson West annotated version of the California Penal Code; the other popular annotated version is Deering's, which is published by LexisNexis. The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.
Certainly, possession of burglary tools, in those jurisdictions that criminalize that activity, creates an inchoate crime (going equipped in the UK). [22] It is clear that: In effect piling an inchoate crime onto an inchoate crime, the possession of burglary tools with the intent to use them in a burglary is a serious offense, a felony in some ...
Cal. Penal Code §§ 1385, 667(b); The People of the State of California v. Superior Court (Romero) , 13 CAL. 4TH 497, 917 P.2D 628 ( Cal. 1996), was a landmark case in the state of California that gave California Superior Court judges the ability to dismiss a criminal defendant 's "strike prior" pursuant to the California Three-strikes law ...
Possession of burglars' tools, in jurisdictions that make this an offense, has also been viewed as an inchoate crime: [33] In effect piling an inchoate crime onto an inchoate crime, the possession of burglary tools with the intent to use them in a burglary is a serious offense, a felony in some jurisdictions.
In March 2013, the California Supreme Court held, in People v. Wilkins (2013) 56 Cal.4th 333, as modified (May 1, 2013), a burglary is complete for purposes of the felony murder rule where death resulted from a negligent act committed while actively engaged in a burglary. Wilkins committed a burglary.
Whorley argued that the law's prohibition on receiving obscene images was "facially unconstitutional" because "receiving materials is an incident of their possession, and possession of obscene ...
The strong New York influence on early California law started with the California Practice Act of 1851 (drafted with the help of Stephen Field), which was directly based upon the New York Code of Civil Procedure of 1850 (the Field Code). In turn, it was the California Practice Act that served as the foundation of the California Code of Civil ...