SERIES 2500 WEAPONS
F 2575 offer to sell destructive device (pc 12303.6) [No forecite entries on this instruction]
TABLE OF CONTENTS
F 2575 NOTES
F 2575 Note 1 Definition Of “Breakable”
Return to Series 2500 Table of Contents.
F 2575 NOTES
F 2575 Note 1 Definition Of “Breakable”
CALCRIM 2575 provides for instruction of the jury on the definition of destructive device from PC 12301(a)(5) which defines the term as “any breakable container which contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and has a wick or similar device capable of being ignited.” However, the statute does not define the term “breakable.” “Breakable” is defined in the dictionary as something “that can be, or is liable to be broken.” (See People v. Adams (2009) 170 CA4th 893, 900.)
Although this is a term in common usage the judge should consider defining it on request. (See cf., People v. Adams, supra, 170 CA4th at 900 [judge has no duty to define terms of common usage absent a request].)
