Lionel Brogen was convicted of "wearing, carrying and
displaying" a handgun in public and sentenced to three years in prison on that charge.
He was also convicted and sentenced for burglary, but the appeal and subsequent ruling
on the appeal did not affect the second charge or sentence, only the possession of a
handgun charge.
The court basically held that the trial
judge exceeded his authority and discretion when he gave supplemental instructions to
the jury that the burden to prove the gun was licensed rested with Brogden. Since the
licensing status of the weapon was not an issue at trial, and was not brought up during
it, the appeals court ruled the judge had no discretion to introduce the point to the
jury. So it overturned the verdict and sentence on that one
charge.
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