Does the fact that a defendant threatened to shoot someone or pointed a gun at someone constitute sufficient evidence that it could be fired?
California, United States of America
The following excerpt is from People v. Martinez, E070694 (Cal. App. 2019):
Ordinarily, the fact that the defendant threatened to shoot someone or pointed the gun at someone constitutes sufficient evidence that it could be fired. (People v. Lochtefeld (2000) 77 Cal.App.4th 533, 541-542.) Here, however, defendant actually pulled the trigger once, yet the gun did not fire.
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