Can a sawed-off shotgun be used in a burglary?
California, United States of America
The following excerpt is from People v. Martin, 111 Cal.App.3d 973, 169 Cal.Rptr. 52 (Cal. App. 1980):
Here, unlike the situation in both Flint and Wasley, the sawed-off shotgun was not an instrumentality in the commission of the burglary. When a week after the burglary had been committed, appellant was found in possession of a shotgun taken in the burglary, such possession constituted an offense separate from the burglary in time, place and character. (People v. Howell (1966) 245 Cal.App.2d 787, 790, 54 Cal.Rptr. 92.)
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