Is a person "armed with a deadly weapon" when he simply carries a weapon or has it available to use in either offense or defense?
California, United States of America
The following excerpt is from People v. Martinez, 150 Cal.App.3d 579, 198 Cal.Rptr. 565 (Cal. App. 1984):
"A person is 'armed' with a deadly weapon when he simply carries a weapon or has it available for use in either offense or defense." (People [150 Cal.App.3d 605] v. Stiltner (1982) 132 Cal.App.3d 216, 230, 182 Cal.Rptr. 790; see also, People v. Reaves (1974) 42 Cal.App.3d 852, 117 Cal.Rptr. 163.)
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