People v. McBride

Defendant was convicted, after jury trial, of aggravated vehicular hijacking. Victim was parking his car when man, holding what victim believed was a gun, approached him and ordered him out of his car. Victim testified that he saw the gun for only an instant, but he got a slight glance at the barrel. Testimony was conflicting as to extent of victim's injury, but was sufficient to find that Defendant used gun in dangerous manner during course of hijacking, and that gun was of size and weight sufficient to cause bleeding when Defendant put it up against victim's head. Court erred in giving instruction which imparted erroneous statement of law that handguns are categorically classified as dangerous by courts, and thus jury could have sidestepped disputed factual issues. (EPSTEIN and HOWSE, concurring.)