Nieto

Appellant was charged by information with violation of the Dangerous Weapons' Controls Law, section 12021 of the Penal Code, in that he had "... in his possession ... a .38 Cal. Revolver and a .22 Cal. Revolver, capable of being concealed ... and having a barrel less than twelve inches in length," appellant having previously been convicted of robbery, a felony.

On May 26, 1965, a jury being duly waived, appellant was tried by the court. Appellant's prior conviction of a felony was stipulated. He was found guilty and sentenced to state prison.

Appellant contends that the evidence is insufficient to support the conviction; that he was deprived of his right to counsel as guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution; and that the guns introduced in evidence were the subject of a wrongful search and seizure in violation of the Fourth Amendment to the Constitution. Appropriate motions to exclude the guns and the two statements of appellant allegedly elicited in violation of his rights to counsel were made at the proper times at trial, and were considered and denied by the court.

On the evening of February 10, 1965, appellant and his…