People v. Purta

MOLINARI, P. J.

Defendant appeals from a judgment of conviction entered on a jury verdict finding him guilty of possession of a sharp instrument while confined at a state prison. (Pen. Code, § 4502.)

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Defendant contends, first, that the court erred in excluding defendant’s testimony as to the reasons for his possession of the instrument; and second, that the judge was so biased as to deny defendant his right to a fair ruling on the foregoing evidence. We conclude that neither contention has merit.

On October 30, 1966, defendant was an inmate of Soledad State Prison. On that day Correctional Officer Cole found defendant sitting at a card table with one Winkler and brought both inmates to the sally port area of the prison in order to search them. Correctional Sergeant Bowden told them to empty their pockets, whereupon defendant started backing off into a corner. Defendant had his hands in his pockets; Cole kept demanding that he submit to a search, and finally placed his hands on defendant’s wrists. Defendant then took out of his pocket the sharp instrument and handed it to Cole.

Defendant admitted possession of the weapon and testified that it was thrown at him while he was returning from a movie. His counsel then made the following offer of proof, which the court rejected: On October 26 two inmates attempted to get defendant to commit sodomy, and one threatened him with a razor. They beat him up. Defendant told these facts to a lieutenant and asked to be put into protective custody. On the date of the instant offense, four or five inmates jumped defendant and then, while he was running

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away, threw the weapon at him. He picked it up and was going to bring it to the lieutenant, but got sidetracked talking to Winkler and was thus discovered with the weapon in his possession. The court refused to admit the foregoing testimony but did permit defendant to testify that the instrument had hit him in the back as he was outside the movie being pursued by other inmates.

In

People

v.