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UCW Charging language

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/7921042761

May 27, 2008, 09:34
J
UCW Charging language
Racking my brain with the new UCW law here. Regarding charging someone under section a-1 for a handgun in a motor vehicle, are the "requirements" (street gang, something more than a class C, etc...) actual elements that must be alleged in the complaint and information, or are they "elements" that aren't alleged, but only proven at trial? I'm leaning towards only "elements" that must be proven at trial and not alleged, but I could be wrong.
May 27, 2008, 10:46
KSchaefer
Those are real elements. Got to allege either(1) or (2)(A) or (2)(B) or (2)(C)

I just sent you a copy of a jury charge, too.

[This message was edited by KSchaefer on 05-27-08 at .]