People v. Rodriguez

WHITE, P. J. In an information filed by the district attorney of Los Angeles County, defendant was accused of violation of section 12021 of the Penal Code, in that on or [336]about February 2, 1954, he owned or had in his possession or under his control a .32 caliber pistol capable of being concealed upon the person and having a barrel less than 12 inches in length, defendant having been previously convicted of grand theft, a felony, on November 30, 1944, in the Superior Court of Los Angeles County.

Following entry of a not guilty plea the cause proceeded to trial before a jury resulting in a verdict finding defendant guilty as charged in the information. Motion for a new trial was denied.

' From the judgment and the order denying his motion for a new trial defendant prosecutes this appeal.

As to the factual background surrounding this prosecution, the record reflects that at about 1 o’clock on the morning of February 2, 1954, police officers rang the doorbell and were admitted into the premises at 1186 East 56th Street, Los Angeles. The door was opened by Mrs. Lois Rodriguez, former wife of defendant. She was asked regarding defendant’s whereabouts and replied that he was not there. A few seconds later, defendant was seen within the house in the process of dressing himself. The lights in the house and other circumstances were such as to lead an arresting officer to assume that defendant had been in bed when the officers entered the house. At this time, defendant had on trousers and a shirt but no coat.

Defendant was immediately arrested and taken out to a police car, where he sat for about 20 minutes. During this period, the house was searched and an officer found a man’s coat in a closet. In a pocket of this coat was an automatic pistol, loaded with “live” ammunition. The officer also found an envelope addressed to “Mr. E. Rodriguez” in a bureau drawer.

On February 4, 1954, two days after his arrest, defendant made a free and voluntary statement to H. W. Saeger, a police officer, who testified to this statement as follows:

“Q. Will you relate the conversation as pertains to this particular charge?

“A. Yes. At the aforementioned time, I had the People’s Exhibit number 2 (the overcoat in which the pistol was found) before me wrapped up in a brown piece of paper and Mr. Rodriguez sat on one side of the desk and I sat on the other side.