California, United States of America
The following excerpt is from People v. Jackson, 155 Cal.Rptr. 305, 92 Cal.App.3d 899 (Cal. App. 1979):
There is no question that appellant "used" the gun in committing the robbery, by pointing it at the victim when he demanded money. (People v. Chambers, 7 Cal.3d 666, 672, 102 Cal.Rptr. 776, 498 P.2d 1024.) The gun was recovered a few minutes later where appellant was observed to drop it as he fled. 1 It was a Rohm .38 special revolver. A police firearms expert testified that it would not fire as the manufacturer intended, by simply loading and pulling the trigger, because there was some problem in the linkage between the trigger and the hammer. 2
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