Does a defendant have to make Use of a gun before making Use of the gun?

California, United States of America


The following excerpt is from People v. Evans, 115 Cal.Rptr. 304, 40 Cal.App.3d 582 (Cal. App. 1974):

The crime of violating section 12021 of the Penal Code had been violated before defendant had made Use of the gun. The language of the court in People v. Neese (1969) 272 Cal.App.2d 235, 245, 77 Cal.Rptr. 314, 321, is apropros:

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