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People v. Dillard

California Court of Appeal

201 Cal. Rptr. 136 (1984)

Relevant factsFree

Dillard (defendant), stopped by police while riding his bike with a rifle case, was found to be carrying a loaded rifle and charged with the misdemeanor offense of carrying a loaded firearm in public; the trial court excluded his evidence that he did not know the rifle was loaded and had reason to believe it was not, instructing the jury that knowledge of the loaded condition was not an element of the crime, and Dillard appealed.

IssueFree

Whether criminal intent is a necessary element of an offense that was criminalized to ensure public safety and whose unintentional violation can be prevented by exercising reasonable care.

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