Hagan

—The district attorney of Los Angeles County filed an information in which defendant was accused of the crime of violating the Dangerous Weapons Control Law of 1923 (thereafter codified as Pen. Code, § 12021), a felony.

It was also alleged that defendant had been previously convicted of felonies, to wit: the crimes of assault with a deadly weapon, robbery and kidnapping, on the 24th day of April, 1948, in the Superior Court of the State of California, in and for the City and County of San Francisco.

Trial by jury was waived and the cause was heard before the court which found the defendant guilty of the offense charged against him.

From the judgment of conviction he prosecutes this appeal.

Concerning the factual background surrounding this prosecution, the record reflects that on the night of April 6, 1953, defendant and one Frank Gerard were unloading the latter’s automobile in front of 3023 South Hoover Street, in the city of Los Angeles.

Police officers Jack C. Rollins and Carroll H. Simon arrived upon the scene about 7 p.m., at which time defendant was standing in the parkway alongside the automobile and Gerard was standing in the street behind the vehicle. The officers…