People v. Thomas

FOURT, J. This is an appeal from a judgment of conviction of violating the provisions of the Dangerous Weapons’ Control Law (Pen. Code, § 12021) and of receiving stolen property (Pen. Code, § 496).

In an amended information filed in Los Angeles County on or about September 27, 1965, defendant was charged in count I with having in his possession on or about August 13, 1965, two,.38 caliber revolvers, capable of being concealed on the person, having heretofore been convicted of a felony (grand theft) on May 9, 1957. In count III defendant was charged with-receiving stolen property on the date above mentioned. Count II was a charge of burglary with which we are not presently concerned. Defendant pleaded not guilty. A jury trial was waived and defendant admitted the charge of a prior conviction of a felony. Witnesses in behalf of the prosecution testified. The defendant did not testify nor did any witness testify in his behalf. Defendant was found guilty of counts I and III as charged and sentenced to the state prison.

A resume of some of the facts is as follows: The Central Loan and Jewelry Company business was located at 4369 Central Avenue, Los Angeles, in the Watts riot area, on Friday, August 13, 1965. At about 4:45 p.m. on that date the management officers of the business closed the establishment. This was not the usual closing hour. At that time, however, the place was in good order. The next morning, Saturday, August 14, 1965, two of the men from the business went to the store and found the windows broken, the gates bent up and other extensive damage. Because of the chaos in the area, the [785]manager and the owner left “in a hurry.” On the following Monday, August 16, 1965, the manager and the owner returned to the store and saw the broken showcases, saw that about 150 guns had been taken and that the place, as a whole, had been thoroughly looted. Among the revolvers which had been taken were two .38 caliber guns, one an Ivar Johnson make and one a Colt model, each with serial numbers thereon. These guns, from the numbers thereon, were determined to be the guns which later were found in the possession of defendant.

On Friday, August 13,1965, at about 11 p.m., Officers Webb and Lindsay, of the City of Vernon Police Department, were in uniform driving a black and white marked police car north on Santa Fe Avenue at about 37th Street. They were “working around the clock” at the time for the riot was in full force. Alameda Street is the first street east of Santa Fe Avenue and was one of the so-called boundaries of the riot area. The officers saw a 1940 Chrysler car being driven in the opposite direction on Santa Fe Avenue. When the two cars were approximately opposite each other, the officers heard a sharp report like that of a gun explosion coming from the Chrysler car. The officers naturally were “apprehensive” of being shot at by someone in the Chrysler car and immediately turned the police car around and chased after the Chrysler car and caused it to be pulled to the curb in a matter of about an eighth of a mile. The two officers, in the meantime, called for officer assistance. The officers upon stopping the Chrysler car directed the five persons therein to get out on the right side of the car. The defendant was the driver of the Chrysler car. A pat-down weapon search by the officers was made of each of the occupants of the Chrysler car. One of the officers looked into the Chrysler and saw several unopened bottles of liquor, 24 or 25 packages of cigarettes, several pieces of men’s new wearing apparel, several pieces of costume jewelry, a new television remote-control timing device and an assortment of what appeared to be new merchandise. The officers had reports of looting on Alameda Street and thought that the items were the result of looting. The officers then opened the car door and found the two revolvers, heretofore described as being numbered, under the front seat of the car. Each of the guns had on it powder residue which appeared to be of recent origin. The guns appeared to have been fired recently and were capable of being fired again.