A California court overturned the conviction Friday of a five-time deported homeless illegal immigrant who shot Kate Steinle in 2015.
The 1st District Court of Appeals ruled that the trial judge erred in not giving the jury “the momentary possession instruction,” NPR reported.
“It is undisputed that defendant was holding the gun when it fired. But that fact alone does not establish he possessed the gun for more than a moment. To possess the gun, defendant had to know he was…