People v. Hagan

WHITE, P. J.

—The district attorney of Los Angeles County filed an information in which defendant was accused of the crime of violating the Dangerous Weapons Control Law of 1923 (thereafter codified as Pen. Code, § 12021), a felony.

It was also alleged that defendant had been previously convicted of felonies, to wit: the crimes of assault with a deadly weapon, robbery and kidnapping, on the 24th day of April, 1948, in the Superior Court of the State of California, in and for the City and County of San Francisco.

Trial by jury was waived and the cause was heard before the court which found the defendant guilty of the offense charged against him.

From the judgment of conviction he prosecutes this appeal.

Concerning the factual background surrounding this prosecution, the record reflects that on the night of April 6, 1953, defendant and one Frank Gerard were unloading the latter’s automobile in front of 3023 South Hoover Street, in the city of Los Angeles.

Police officers Jack C. Rollins and Carroll H. Simon arrived upon the scene about 7 p.m., at which time defendant was standing in the parkway alongside the automobile and Gerard was standing in the street behind the vehicle. The officers ordered the two men to put up their hands, whereupon defendant said to Gerard, “Don’t try anything, my father and mother are here.” Defendant’s parents who lived at the aforesaid address, came out of the house and one of them said, “They aren’t doing anything,” and were cautioned by Officer Simon “to stay back.” The officer then searched defendant and Gerard. While searching defendant, Officer

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Simon found a .32 calibre nickel-plated revolver in the right-hand pocket of the former. In the cylinder of the weapon six live .32 calibre shells were found. From the waistband of Girard the officers recovered a .32 calibre Savage automatic fully loaded.

Officer Rollins testified that he later had a conversation with defendant at the police station, as follows:

“A. I asked the defendant whose gun it was, that my partner had taken off him, and he stated it was his own. I asked him why he had a gun. He said he was moving, otherwise he would not have had it. I asked him if he was an ex-eon and he said he guessed he was, he knew he would have to go back to the joint because he would be violating his probation (sic) for having a gun.”