People v. Voss

California Court of Appeal Nov 13, 1934 No. Crim. 1818Published

Before: Sturtevant

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Holding. The court affirmed the defendant's felony conviction for illegal firearm possession, holding that the prior federal conviction constituted a felony, the evidence was sufficient under the statute, and trial court errors regarding cross-examination were not prejudicial.

Issues

Whether the defendant's prior federal conviction constituted a felony under the 1931 statute.
Whether the prosecution's introduction of the judgment roll was erroneous.
Whether the evidence was sufficient to support a conviction for possession of a firearm.
Whether the district attorney's cross-examination of the defendant constituted prejudicial misconduct.

Disposition. affirmed

Quotations verified verbatim against the opinion

“since the amendments took effect the prior offense alleged in the information before us was a felony.”

“The prosecution was bound to prove the judgment which it had alleged. There were two possible methods. The general rule is that the judgment roll be produced.”

“Having it concealed upon his person was not a call of the statute.”

STURTEVANT, J.

The defendant was convicted of a felony. He made a motion for a new trial, the motion was denied, and he has appealed from the judgment and from the order denying him a new trial.

The charging part of the information was as follows: “The said Clifford Voss, having been heretofore, to-wit: on or about the 5th day of May, 1926, convicted in the United States District Court .for the Northern District of California, of the crime of felony, towit: Violation of Section 37 of the Criminal Code of the United States (Conspiracy to violate Section 141 of the Criminal Code of the United States), that the said judgment upon said conviction was pronounced, rendered, given and made on the said 5th day of May 1926, and bears last mentioned date, and has never been reversed, annulled, or set aside; that thereafter, towit: on or about the 22d day of March 1934, in the said City and County of San Francisco, State of California, the said Clifford Voss, did then and there wilfully, unlawfully and feloniously .possess and carry concealed

[190]

upon Ms person, a certain firearm, towit: a pistol, less than twelve inches in length, and then and there capable of being concealed upon the person; . . . ”

The charge was based on section 2 of chapter 1098 of the Statutes of 1931. From that section we quote as follows: “On and after the date upon which this act takes effect, no person not a citizen of the United States of America and no person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state or any other government or county, _ or who is addicted to the use of any narcotic drug or drugs shall own or have in his possession or under his custody or control any pistol, revolver or other firearm capable of being concealed upon the person. The terms ‘pistol’, ‘revolver’, and ‘firearms capable of being concealed upon the person’ as used in this act shall be construed to apply to and include all firearms having a barrel less than twelve inches in length.”

The first point made by the defendant is that the prior conviction was a misdemeanor and not a felony. As the federal statutes stood before the amendments of 1909 that contention should be sustained.

People v. Voss

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STURTEVANT, J.

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