PEOPLE v. GAUZE

Docket No. Crim. 18482.

15 Cal.3d 709 (1975)

542 P.2d 1365

125 Cal. Rptr. 773

THE PEOPLE, Plaintiff and Respondent, v. JAMES MATTHEW GAUZE, Defendant and Appellant.

Supreme Court of California. In Bank.

December 12, 1975.


Attorney(s) appearing for the Case

COUNSEL

Paul Bell, under appointment by the Supreme Court, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, A. Wells Petersen and Karl J. Phaler, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

MOSK, J.

Can a person burglarize his own home? That is the quandary which emerges in the case of James Matthew Gauze, who appeals from a judgment of conviction of assault with a deadly weapon (Pen. Code, § 245, subd. (a)) and burglary (Pen. Code, § 459).

Defendant shared an apartment with Richard Miller and a third person and thus had the right to enter the premises at all times. While visiting a friend one...

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