State v. Ndikum
Annotate this CaseRespondent Christian Ndikum was charged with possession of a pistol in public after he carried a briefcase containing a gun into a courthouse. At trial, Respondent requested that the district court instruct the jury that knowledge of possession is an element of the crime of possession of a pistol in public that the State must prove. The district court refused to so instruct the jury, and the jury found Respondent guilty as charged. The court of appeals reversed, concluding that the State had to prove knowledge of possession of a pistol as an element of the crime of possession of a pistol. The Supreme Court affirmed, holding (1) the State was required to prove that Respondent knew he possessed the pistol at issue; and (2) the district court abused its discretion by failing to so instruct the jury.
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