People v. Taylor
California Court of Appeal
93 Cal. App. 4th 933 (2001)
Relevant factsFree
Searches of James Taylor's (defendant) home and leased storage room turned up drugs, guns, cash, and among other items a cane sword; Taylor was charged with several offenses including possession of a cane sword, and the trial court did not instruct the jury that he needed to know the cane concealed a blade to be convicted of that particular charge. The jury convicted Taylor, and he appealed the missing knowledge instruction.
IssueFree
Whether every crime requires proof of mens rea unless the legislature has excluded that element expressly or by necessary implication.