People v. Gauze
Supreme Court of California
542 P.2d 1365 (1975)
Relevant factsFree
After fighting with his roommate Richard Miller at a friend's home, James Gauze (defendant) announced he was going to get a gun, borrowed a shotgun from a neighbor, returned to the apartment he shared with Miller, and shot Miller in the side and arm; Gauze was convicted of both assault with a deadly weapon and burglary, the latter predicated on his entry into the apartment with intent to commit the assault, and he appealed the burglary conviction.
IssueFree
Whether a person can be convicted of burglary for entering his own home, which he has an absolute personal right to enter, even when he enters with the intent to commit a felony inside.