People v. Pope

PETERS, P. J.

Defendant was convicted of a violation of section 4502 of the Penal Code in that, while an inmate of a

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state prison, he was in the unlawful possession of a - knife.

There can be no doubt that on the date in question, March 20, 1958, defendant was in possession of a knife. The knife was found in his cell. Defendant makes no contention to the contrary. It is Ms contention that there is no substantial evidence that he had the requisite knowledge of the fact that the knife was in his cell; in fact, he contends that the evidence is to the contrary. An examination of the record shows that, on this basic issue, the evidence was in conflict.

The defendant admitted three prior felony convictions, including the one for which he was serving time in Soledad Prison in March of 1958. The judgment here appealed from provides that the sentence shall run consecutively with the sentence defendant was serving when the offense here involved was committed.

On March 20, 1958, the prison officials conducted a routine search of the prisoners and their cells at Soledad. A correctional officer, Jones by name, searched defendant and his cell. Defendant was the sole occupant of that cell. Jones testified that there was a stack of papers laying on defendant’s bunk, and that inside these papers he discovered the knife. At the very instant of discovery, and before Jones had examined the balance of the papers, defendant stated: “You found all there is to find.” The next day, on March 21, 1958, a discipline committee hearing was held at the prison. One Burnett, an associate warden, read a report of the discovery of the knife to defendant and asked him how he pleaded. Defendant replied that his plea was “not guilty.” When Burnett asked defendant if he had ever seen the knife before "[h] e said that he had seen it in Ms cell, that one of the fellows had passed it to Mm to admire the good workmanship on this knife . . . while he was looking at this knife in his cell, he said someone came by, some unidentified inmate and said, ‘The goon squad is coming. Give it back.’ ” The witness also testified that defendant then stated that he told this unidentified inmate “ ‘To hell with you,’ or words to that effect, and threw the knife on Ms bed. ’ ’ The knife was actually hidden in the newspapers.