What is the test for admitting evidence of possession of a disassembled gun?

California, United States of America


The following excerpt is from People v. Ramos, 180 Cal.Rptr. 266, 30 Cal.3d 553, 639 P.2d 908 (Cal. 1982):

As appellant suggests, evidence of possession of a weapon not used in the crime is ordinarily not admissible (see People v. Lo Cigno (1961) 193 Cal.App.2d 360, 379, 14 Cal.Rptr. 354), and in this case the prosecution did not present evidence demonstrating that the disassembled gun might have been the weapon used in the robbery. The testimony concerning the disassembled gun was very brief, however, and in view of the strong uncontradicted evidence that the defendant had used a gun during the commission of the robbery, this evidence, even if improperly solicited, was not prejudicial.

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