The Court of Appeal found that the trial court erred in refusing to instruct the jury on the affirmative defense of momentary possession. Substantial evidence presented at trial permitted at least two reasonable inferences: (1) defendant knew he held a gun and did not possess it solely with an intent to dispose of it and (2) he was unaware he held a gun until it fired, at which time he threw it away to stop it from firing. Viewing the evidence in the light most favorable to the defense, the Court concluded the trial court erred in failing to give the instruction. Because the error was prejudicial, the Court of Appeal reversed the judgment.
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