People v. Watson

FOX, P. J. Defendant was convicted by a jury of violating the Dangerous Weapons Control Law (Pen. Code, § 12021).* He has appealed from the judgment and the order denying his motion for a new trial.

At approximately 5 p. m., on April 16, 1958, Officer Deemer and his partner, Officer Fimple, went to 747 East Adams, in Los Angeles, where they found defendant in bed in a room on the second floor. Upon pulling the covers back, they discovered a fully loaded automatic with a shell in the chamber and a loaded .38 revolver lying approximately an inch from his hand. Beside the guns was a handkerchief, folded and tied, that contained some 10 .38 shells. Defendant told Officer [298]Deemer that “these guns belonged to him”; that “he had been having some trouble with a guy”; and that he kept the guns “for his protection.” Defendant made similar statements to Officer Pimple a few minutes after his arrest, in the police car in front of the house. Defendant also stated that he obtained the guns through a gambling transaction. It was stipulated that defendant had been convicted of grand theft, a felony, in December, 1950, in Alameda County.

At the trial, defendant denied possession of, or any knowledge of, the guns, and denied malting the statements to which the officers testified. Although defendant owned the house, he was not living there, his residence being at 1608 South Wilton Place. Defendant’s story was that he had driven over to 747 Bast Adams around 9:30 that morning and played poker for a while; that during the course of the morning he had eaten some barbecued pork spareribs which caused him to become sick and to vomit; that he fell over the table, and that the next thing he remembered was when the officers awakened him. He claims to have been suffering from ulcers for approximately seven years and that his doctor had advised him not to eat such food.

Brent E. Beaumont testified that he had lived at 747 Bast Adams for several months and had been the sole occupant of the room where defendant was found in bed; that upon defendant’s becoming ill, the witness and two other men assisted defendant to the witness’s room and put him to bed; that the guns in question belonged to the witness; that he kept them loaded under his pillow for he intended to take them with him for sport shooting when he went to the mountains on a week end or on a fishing trip.

The testimony of two other witnesses supported defendant’s story as to where he resided and that he became ill and was put to bed at the place where he was arrested.