People v. Gavin

In People v. Gavin (1971) 21 Cal. App. 3d 408, defendant testified at trial and admitted to possession of contraband on two distinct dates, separated by about a month. Defendant was charged only with possession of the drugs that were found on the later date. During deliberations the jury asked what was meant by " 'about,' in length of time? Days, or minutes?" Defense counsel objected to the court's proposed response, which was substantially that which was given in this case, on the ground that the response would encompass the prior act of possession with which the defendant was not charged. ( Id. at p. 417.) The appellate court held: "The abstract definitions of 'on or about' which the court read to the jury did not enlighten them at all on this matter. The simple and proper solution would have been for the court to tell the jury directly that the People's evidence had been offered to prove that defendant unlawfully possessed drugs on October 24 and 25, 1969; and defendant was not charged with possession on any other date." ( Id. at p. 418.)