Diamond

Defendants, all young Negroes, were arrested five days after the assassination of Dr. Martin Luther King and charged with possession of a combustible substance in violation of subdivision (a) of section 452 of the Penal Code. This section provides in pertinent part: “Every person who possesses any flammable, explosive or combustible material or substance, or any device in an arrangement or preparation with intent to wilfully and maliciously use such material, substance or device to set fire to or burn any buildings or property mentioned in this chapter, is punishable by imprisonment in the state prison, not exceeding five years, or in the county jail, not exceeding one year.” Defendants waived a jury and, after court trial, were convicted as charged. They present three contentions for reversal: that Penal Code section 452, subdivision (a), is unconstitutionally vague, that the evidence was insufficient to support the trial court’s decision, and that there was no justification for the officer’s stopping defendants’ car.

Sergeant Grove of the Fresno Police Department was in a police car facing north on Van Ness at Fresno Street about 10:30 p.m. on April 9, 1968, when he…