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People v Ceballos
S. Ct. CA, 1974 En Banc
Author:- Sam Biers
Prevention of Crime
Relevant Facts: Df set up a trap gun in his garage to prevent burglaries from occurring. Some tools had previously been stolen, and df lived above the garge alone and sometimes slept in the garage. After the property had been stolen he mounted a loaded .22, aimed at the center of the garage doors, so that if the doors opened it would discharge. Two teenagers looked inside an saw nobody present. They removed the lock with a crowbar and as one opened the door was hit in the face with the bullet. The victim admitted he was intending on taking df’s property.
Legal Issue(s): Whether a person is criminally liable for use of deadly force to protect property by the use of a trap gun?
Court’s Holding: Yes.
Procedure: Jury conviction assault and battery w/ deadly weapon. Affirmed.
Law or Rule(s): Homicide is justified when resisting any attempt to murder, commit a felony, or do some great bodily harm upon a person; or when committed in defense of habitation, property, or person, against one who manifestly intends or endeavors to commit a felony.
Court Rationale: Deadly mechanical devises are w/o mercy or discretion. They are silent instrumentalities of death, they deal death and destruction to the innocent as well as the criminal intruder w/o warning. Forcible and atrocious crimes are murder, mayhem, rape, robbery. Burglary under all circumstances be considered a forcible and atrocious crime. If the character doesn’t create a fear of great bodily harm, there is no cause for exaction of human life or for the use of deadly force. The burglar did not threaten death or serious bodily injury. The exception to the rule of liability for injuries inflicted by a deadly mechanical device does not apply under these circumstances.
Plaintiff’s Argument: The use of deadly force may only be used in defense of property where the fear or threat of SBI or death exists.
Defendant’s Argument: df’s conduct was not unlawful b/c the victim was attempting to commit burglary when he was hit with a trap gun.