McCullough

People v. McCullough

Bad Law
100 Cal. App. 3d 169·160 Cal. Rptr. 831·1979 Cal. App. LEXIS 2413
Court of Appeal of CaliforniaDecember 20, 1979Crim. 18480California4,031 words

Opinion

Opinion

Feinberg, J.

Appellant was tried and convicted by a jury of being a felon in possession of a gun (Pen. Code, § 12021 ). He advances before us the following contentions:

1. The trial court abused its discretion by permitting him to be impeached by a prior felony conviction of kidnaping.

2. The trial court erred in giving an instruction on expert witnesses. (CALJIC No. 2.80 (3d ed. 1970).)

3. The trial court erred in qualifying an instruction on circumstantial evidence. (CALJIC No. 2.01.)

4. The trial court erred in its amplification of the “proof beyond a reasonable doubt” instruction. (§ 1096; CALJIC No. 2.90.)

The facts are simple. On February 22, 1978, at about 9 p.m., appellant, driver of an auto, was being cited for a vehicle code violation when one of the two officers involved saw the butt of a revolver protruding from under the driver’s seat.

One officer testified that after he had flashed the red light of the patrol car into appellant’s car, before the vehicle came to a stop, he saw appellant’s right shoulder slip down.

When the revolver was retrieved from appellant’s car, it was shown to appellant, whereupon, one officer testified appellant said that the weapon had been…

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