People v. Graham

SALSMAN, J.

The appellant was charged with a violation of Penal Code section 4502 (possession of a knife by a prisoner). He was convicted after a trial by jury and this appeal is from the judgment.

On February 2,1961, appellant was an inmate of San Quentin prison and confined in the Adjustment Center.

As appellant was leaving the dining room after dinner he was searched by Sergeant Townsend and a knife was found in his left rear pocket, partially wrapped in a handkerchief. Officer Burtis, who was standing nearby, observed Townsend search appellant and saw him find the knife. Townsend

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ordered Burtis to take appellant to a sound-proof cell and Burtis did so.

The appellant testified that he did not have a knife; that on his return from the dining room he was searched and taken to the quiet cell without any explanation. One of the prisoners in the Adjustment Center testified that he observed Townsend search appellant and that Townsend did not put his hand in appellant’s pocket, but had picked up an object from the floor shortly before the search of appellant’s person.

Appellant contends that the evidence is insufficient to support the judgment; that the prosecuting attorney was guilty of misconduct in his argument to the jury; that the trial judge was guilty of misconduct during the trial of the case, and that the judge’s report made pursuant to Penal Code section 1203.01 shows bias and prejudice against the appellant; that appellant was improperly sentenced and finally that he was not arraigned within 72 hours, in violation of Penal Code section 849.

We find no merit in any of the appellant’s contentions.

The appellant’s first contention is that the evidence is insufficient to support the judgment. All that need be said here respecting this contention is that the testimony of the witnesses was in conflict; that two officers testified that the appellant was in possession of the knife; the defendant’s witnesses testified to the contrary. The weight of the evidence is for the jury to determine. Here they resolved the conflict by finding the defendant guilty. This finding is clearly supported by the evidence and will not be disturbed on appeal.