People v. Cruz

MARKS, J.

Appellant was charged with the crime of violating the Firearms Act (Stats. 1923, p. 695) by an information filed by the district attorney of Fresno County. He was tried before a jury which returned a verdict finding him guilty as charged. He was sentenced to imprisonment

[520]

in the state penetentiary for the term required by law. From this judgment and from an order denying his motion for a new trial he prosecutes this appeal.

It appears from the record that the defendant admitted that he was foreign born and was not a naturalized citizen of the United States. He also admitted that at the time of his arrest he had concealed upon his person a Smith & Wesson .38-caliber revolver with its six chambers loaded. The weapon was not introduced in evidence, but it was exhibited to the arresting officer while he was on the witness-stand and identified by him as having been taken from the person of appellant at the time of his arrest. This occurred in the presence and hearing of the jury.

Appellant urges that the California Firearms Act is unconstitutional in that it violates the Fourteenth Amendment to the Constitution of the United States and section 21 of article I of the Constitution of California. This act has been held constitutional in the cases of

In re Rameriz,

193 Cal. 633 [34 A. L. R 51, 226 Pac. 914], and

People

v.

Camperlingo,

69 Cal. App. 466 [231 Pac. 601].

Appellant urges further that the Firearms Act violates the provisions of the Eighth Amendment to the federal Constitution and the provisions of section 6 of article I of the state Constitution because it authorizes the infliction of a cruel and unusual punishment upon a person convicted of violating its terms. The Supreme Court of the United States has held that the Eighth Amendment to the federal Constitution is not a limitation on the powers of the states.

(Weems