Is evidence of a gun found in defendant's car admissible because there could have been a murder?

California, United States of America


The following excerpt is from People v. Ortiz, C070982 (Cal. App. 2015):

Evidence of the gun found in defendant's car was admissible because there was evidence it could have been the murder weapon. "When the specific type of weapon used to commit a homicide is not known, it may be permissible to admit into evidence weapons found in the defendant's possession some time after the crime that could have been the weapons employed. There need be no conclusive demonstration that the weapon in defendant's possession was the murder weapon. [Citations.]" (People v. Riser (1956) 47 Cal.2d 566, 577 (Riser), overruled on other grounds in People v. Chapman (1959) 52 Cal.2d 95, 98; and People v. Morse (1964) 60 Cal.2d 631, 648-649.)

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